Thursday, July 24, 2008

Cycling Groups demand investigation of Toronto for violating provincial law

(TORONTO) A coalition of cycling groups today filed a formal demand with Ontario’s Environment Commissioner for an investigation of the City of Toronto for violating the province’s Environmental Assessment Act. The groups allege that in approving a major road reconstruction project along the so-called Mink Mile on Bloor St. (between Avenue Rd. and Church St.) the City failed to comply with its legal obligations, including public consultation.

Construction on the project --- a partnership between the City and the Bloor-Yorkville Business Improvement Area --- began on July 14, 2008 in an area considered to be Canada’s premier shopping district. Bloor Street is also the city’s premier cycling route (in numbers) but has one of the highest cycling injury rates. The groups say that proper public consultation would have highlighted Ontario’s planning regime, put in place three years ago, which directs cities to ensure cyclists’ safety to reduce traffic pollution.

“In a time of high gas prices and increasing vehicle emissions we believe Torontonians should have the option not only to ride their bikes, but to do so safely,” said Kristen Courtney, a founding member of Bells on Bloor and a recent University of Toronto law graduate who has been hit by cars several times on Bloor St.

In road projects, the city is obliged to comply with the Municipal Class Environmental Assessment, which provides a streamlined process for city road and other projects. If the city does not comply with this process, including mandatory public consultation in certain cases, it can be charged under the province’s EA Act. The requirements apply even if one of the parties involved is private. A conviction under the Act carries a fine up to $10,000 for a first offence.

“We support the pedestrian improvements in this project,“ said Angela Bischoff of Take The Tooker, a cycling group that has been advocating for a Bloor St. bike lane since 2005. “Unfortunately, the city has again forgotten cyclists. Getting used to a bike lane might be tough for some people, but if you are a child with asthma, so is smog.”

According to City documents traffic flow may actually increase on the Mink Mile after construction is complete. A 2007 report by Toronto Public Health (TPH) concluded that each year in Toronto 440 premature deaths and 1,200 acute bronchitis episodes are caused by traffic pollution. TPH made various recommendations to the City including a call for better cycling conditions. Where bike lanes have been added in Toronto, cycling traffic has increased by up to 42%.

“City politicians are showing a rather cavalier attitude towards provincial laws that direct them to provide for cyclists’ safety,” said Albert Koehl, an environmental lawyer who filed the petition for the groups. “Unfortunately, this is not an isolated incident – that’s why we are taking a stand. The city rightly expects cyclists to obey the law; cyclists expect no less from the city.”


Contacts:
Albert Koehl, Barrister and Solicitor, 416-533-1231
Angela Bischoff, 647-342-1964
Kristen Courtney 416-823-6226

1 comment:

Anonymous said...

I applaud you for this new strategy. It's high time the city of Toronto took more notice of its responsibility to protect bicyclists. In the context of the city's much-ballyhooed "green" strategy, failing to install a bike lane on Bloor looks like hypocrisy.