What’s Next After Bill 212 Passed?

Yesterday was a sad day for cyclists in Toronto, Ottawa, and across Ontario with the Ford government having passed the Third Reading of Bill 212. This bill would not only restrict where new bike lanes would be built, but also remove existing bike lanes on Bloor, Danforth, and University while preventing people from suing the government. This is despite over 24,000 signatures for Cycle Toronto’s petition and a broad base of opposition from planners to engineers, doctors, universities, organized labour, and several city councils including Toronto’s. Despite this major setback, the fight is not over and it’s time to put things into perspective.

There have been several cases where the Ford government has been forced to back down before. These include the license plate fiasco, cuts to public health funding, arbitrary limiting of public sector wage hikes with Bill 124, use of the notwithstanding clause to violate education workers' bargaining rights, and plans to develop the Greenbelt. The Greenbelt matter has become the subject of an RCMP investigation. Of course, we have been less successful with other matters such as the cutting of Toronto city council in half during the 2018 municipal election and the destruction of the trees at Ontario Place to make way for Therme’s mega spa. With the Ford government entertaining the possibility of an early election, that alone gives us the opportunity to organize with like minded groups and vote them out of office. Especially in Scarborough, Etobicoke, North York, and the 905.

The bike lane aspect of Bill 212 serves as a distraction from an even bigger desire of the Ford government which is to fast-track Highway 413; a component for which the federal government can intervene. While there is the federal disallowance clause in which the governor general can invalidate provincial laws, that power hasn’t been used in over 80 years which makes the possibility of that happening remote. A more realistic option is having the federal government reinstate the federal environmental assessment for Highway 413 which Environmental Defence has been pushing for since the federal government updated their environmental assessment legislation to comply with a Supreme Court ruling. Please sign Environmental Defence’s action alert regarding this matter. Especially considering Highway 413 is a $10 billion boondoggle which will lead to even more suburban sprawl and the enrichment of Doug Ford’s developer buddies.

Along with organizing for a potential early election, lawyers from the city and within the cycling community are actively considering options for a legal challenge. This is in line with Toronto City Council’s motion from earlier this month. In the event a legal challenge is called and a fundraising effort is needed, I encourage you to donate to such efforts. At the minimum, an injunction is needed to stall implementation of Bill 212 until the legal cases – which could involve a Charter challenge – work its way through the system. Of course, it should be noted the Supreme Court did reject the City of Toronto’s challenge of the Ford government’s cuts to City Council.

There are opportunities for direct action in the form of protests, die-ins, tactical urbanism, or blocking construction crews from removing bike lanes as what happened with Jarvis Street in 2012 per this photo Martin Reis took. Can’t believe we are considering this action again twelve years later.

Speaking of protests, there will be a Critical Mass ride this Friday which will gather 6 PM at High Park North Gate for 6:30 PM departure.

Fridays for Future Toronto will be organizing another action on Saturday, December 7 with a 2 PM ride leaving High Park North Gate and a 3 PM protest at 195 Norseman Street which is MPP Hogarth’s constituency office.

For those who prefer a more positive event – NOT A PROTEST – Community Bikeways will be hosting their 5th annual Cycling Good Cheer ride on Sunday, December 8! The main ride meets 11 AM at Mabelle Park for some hot chocolate and collection of toys or non-perishable food items before departing at 11:45 AM. There will be additional feeder rides from Scarborough, Yonge Street, and a Kidical Mass at Christie Pits. You can check the event details here.

If there’s one thing I learned about bike advocacy over the years, it’s to never underestimate the will of Toronto’s cycling community, along with the solidarity from other cyclists and urbanists around the world. The fight against Bill 212 is the biggest challenge ever faced by Toronto’s cycling community and is one the world will be watching. Could this become Toronto’s “Stop de Kindermoord” moment in reference to the Netherlands’ turning point to becoming bike friendly? It’s up to us to keep the pressure on and make it happen by all means necessary.