Latest news with #Charter-protected


National Observer
09-07-2025
- Politics
- National Observer
Ontario court halts Ford's plan to tear out Toronto bike lanes
Protected bike lanes in Toronto must remain in place for now, an Ontario judge said on Tuesday. The Ford government had appealed a previous ruling that ordered the bike lanes to remain, but failed. A superior court judge said the bike lanes can't be removed until an ongoing Charter challenge is resolved. The challenge, brought by Cycle Toronto and two individual applicants, targets the Ford government's anti-bike lane legislation, Bill 212 — the Reducing Gridlock, Saving You Time Act — and argues that removing the lanes violates Charter rights to life and security of the person, and puts cyclists' lives at risk. The bill grants the Ford government unilateral authority to remove municipal bike lanes. One of the provisions requires the provincial transportation minister to remove bike lanes on the three major Toronto streets. The government claims the change will alleviate traffic congestion and improve emergency response times, but no evidence has been provided to support this; meanwhile, opponents introduced government reports into evidence that suggested the bike lane removals could cause a rise in collisions without even saving any commuting time. In April, an Ontario superior court judge granted a temporary injunction to prevent the government from removing the bike lanes while the case is being considered. In May, the Ford government sought leave to appeal the injunction. But in Tuesday's decision, the court rejected the request and upheld the injunction. Michael Longfield, executive director of Cycle Toronto, told Canada's National Observer that the court's decision to reject the Ford government's appeal is a strong signal the case is being taken seriously. 'We're obviously very pleased about this decision,' Longfield said. 'With this legal decision, I think it's a good opportunity for the province to sort of abandon this bad faith culture war and instead collaborate with municipalities on real, data-driven solutions to give people more transportation options.' A superior court judge said the bike lanes can't be removed until an ongoing Charter challenge is resolved. Dakota Brasier, director of media relations for Ontario's transportation minister, said the government will continue with the design work needed to begin removing bike lanes and get some of the province's 'busiest roads moving as soon as possible.' 'While we respect the court's decision, our government was elected with a clear mandate to get people out of traffic by restoring driving lanes,' Brasier said. Bronwyn Roe, a lawyer at Ecojustice representing the applicants, welcomed the court's decision and said the evidence clearly shows that removing heavily used, protected bike lanes on major Toronto routes would put cyclists' lives at risk. 'The government cannot be allowed to jeopardize the safety of Ontarians or violate the Charter-protected rights to life and security of the person,' Roe said in a statement. Looking ahead, Longfield stressed the importance of a full court victory, saying it could help set a precedent for how cycling infrastructure is protected in the future. At the same time, he believed there was still time for the province to reconsider whether the legislation was truly in the public interest. The City of Toronto estimates the cost to taxpayers for removing the bike lanes could reach $48 million, with the city having already invested $27 million in their construction. Restoring vehicle lanes will likely offer minimal improvements in travel time and undermine the public health, environmental and economic benefits of active transportation, the report warns. Bike Share Toronto has experienced impressive growth, with memberships doubling from 18,000 in 2020 to more than 35,000 in 2023, the report notes. Total trips by bike share surged from 2.9 million in 2020 to 5.7 million in 2023.


Vancouver Sun
04-06-2025
- Health
- Vancouver Sun
B.C. federal inmate's proposed class-action over COVID lockdowns certified by judge
A proposed class-action lawsuit filed against the federal government for confining prison inmates in their cells for 20 hours a day during the COVID-19 pandemic has been certified by a B.C. Supreme Court judge. Representative plaintiff Dean Christopher Roberts alleges medical isolation in the country's prisons beginning in March 2020 meant a large number of prisoners were subjected to 'inhumane rights restrictions,' a form of lockdown that amounted to solitary confinement, according to the judgment. The prisoners were 'confined to their cells for up to 22 hours a day and denied any meaningful human interaction for an extended period of time,' wrote Justice Michael Tammen. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. The lawsuit would include anyone imprisoned in a Correctional Services of Canada prison during a declared COVID-19 outbreak at the institution after March 11, 2020, it said. To be eligible, they will have had to have been confined to their cells for 20 or more hours a day and deprived of the opportunity to interact with others for less than two hours a day for 15 or more consecutive days, it said. The lawsuit alleges negligence and breaches of Charter-protected rights guaranteed by sections 7 and 12 of the Charter, which protect life, liberty and security of person, and ban cruel and unusual punishment. Other court decisions have recognized solitary confinement causes harm, that administrative segregation is a form of solitary confinement, that solitary confinement is the practice of confining an prisoner in a cell for 22 hours a day and failing to provide daily meaningful contact with other people, the judge said, citing the plaintiffs' arguments. The plaintiff cited a number of cases from Ontario and B.C. in 2020 and 2021 that relied on similar allegations of negligence and Charter breaches. The federal attorney general opposed certification, arguing administrative segregation for medical reasons is 'something entirely different' from solitary confinement, because it's 'both medically necessary and informed by medical advice,' according to Tammen's decision. Administrative segregation allows prisons to isolate an prisoner to ensure the safety of staff, visitors and inmates and to maintain security of the prisons and it is not a punishment or sanction, according to the Correctional Service website. It also said the proposed lawsuit is overly broad and lacks clarity, and Roberts is not a suitable representative plaintiff. But Tammen ruled the lawsuit could proceed. He said the federal government raised several points that could cause the lawsuit to fail at trial, including its argument that medical isolation is different from other forms of separate confinement. He said a trial judge may decide the prisons' response to the 'unprecedented and unexpected' pandemic and the type of isolation it implemented was medically necessary, and the lawsuit would fail. But he said that has to be decided at trial, 'not at this preliminary stage.' At the beginning of the COVID outbreak, Roberts was imprisoned at the Mission Institution, a medium-security prison. From April 2 to 7, 2020, the prison was in a lockdown and inmates were confined to cells around the clock. When Roberts returned from Mission hospital on April 11, 2020, where he was treated for five days for COVID, he said inmates were only let out of their cells for 20 minutes a day to shower, to use the phone and to have their cells cleaned, according to the decision. And even though Mission prison was declared COVID free by mid-May 2020, significant restrictions with limited time allowed out of cells continued until mid-July 2020, it said. Tammen said there is a 'considerable body of evidence about periods of medical isolation for non-symptomatic inmates at various institutions' over three years, with many saying they were confined to their cell for up to 23 hours a day with no meaningful social interaction and limited time for showering or phone calls. The federal government does not dispute this but said the prolonged periods of isolation were medically mandated. It said punitive damages aren't warranted but the judge said the notice of claim includes details that could support punitive damages because courts have condemned the practice of subjecting inmates to prolonged periods of separate confinement. None of the allegations have been proven in court. The inmates' first lawsuit was filed in 2020 and was amended several times until it was moved to the certification phase in October 2024. Roberts was sentenced to a life imprisonment after being convicted by a jury in 1995 for the 1994 strangling of his wife and one twin 14-month-old son, the smothering of the other twin, and for attempting to kill his adopted three-year-old, who was left asleep in the burning house before being rescued and surviving. He always maintained his innocence, claiming he was the victim of the then-new controversial RCMP investigative undercover sting technique called Mr. Big. In 2021, he was granted the right to ask for ministerial review of his case to seek updated DNA testing he said was needed to prove his innocence.


Toronto Sun
15-05-2025
- Politics
- Toronto Sun
Community groups sign letter opposing proposed 'bubble zone bylaw
Proposed bylaw would ban protests at 'vulnerable institutions' like schools, senior's homes and places-of-worship – all popular targets for anti-Israel activists Protesters outside a synagogue in Thornhill Thursday, March 7, 2024. Joe Warmington/Toronto Sun OTTAWA – Efforts by the City of Toronto to protect schools, seniors' homes and places-of-worship from disruptive protests are being opposed by city activists. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account The Toronto Sun intercepted a letter distributed among city non-profit groups and community activists opposing a proposed 'bubble zone' bylaw declaring 'vulnerable institutions' no-go zones for protesters. The effort, organized by Social Planning Toronto's Israt Ahmed, seeks like-minded activists to sign a letter to Toronto Mayor Olivia Chow opposing the bylaw. 'If passed, we are concerned that the 'bubble zone' bylaw could limit our Charter-protected rights to freedom of expression and peaceful assembly, silence marginalized communities' voices in particular, lead to police overreach and inadequately respond to hate,' Ahmed wrote in her letter. This letter was distributed among city non-profit groups and community activists opposing the City of Toronto's proposed "bubble zone" bylaw declaring "vulnerable institutions" no-go zones for protesters. This letter was distributed among city non-profit groups and community activists opposing the City of Toronto's proposed "bubble zone" bylaw declaring "vulnerable institutions" no-go zones for protesters. This letter was distributed among city non-profit groups and community activists opposing the City of Toronto's proposed "bubble zone" bylaw declaring "vulnerable institutions" no-go zones for protesters. This letter was distributed among city non-profit groups and community activists opposing the City of Toronto's proposed "bubble zone" bylaw declaring "vulnerable institutions" no-go zones for protesters. Full Screen is not supported on this browser version. You may use a different browser or device to view this in full screen. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Toronto's Jewish community have endured years of hateful protests and rallies since the Oct. 7 2023 Hamas terror attacks. Anti-Israel protestors routinely hold rallies at Jewish schools, community centres and synagogues, calling for the destruction of Israel and harassing members of Toronto's Jewish community with hateful signs and slogans. Neighbourhoods, private homes and Jewish-owned businesses have also been targeted by protestors, marchers and vandals – prompting similar bylaws in cities that include Calgary, Oakville and Vaughan. Invitations for comment to Ahmed and Social Planning Toronto went unreturned, and an online form soliciting signatures was removed shortly after the Toronto Sun reached out. This advertisement has not loaded yet, but your article continues below. Inquires to those who signed the letter – including YWCA Toronto, Fairlawn United Church, CUPE Ontario and Progress Toronto – likewise received no response. The letter had 49 signatures before it was removed. Montreal, CA 🇨🇦 This past Friday, a pro-Hamas mob gathered outside The Donald Berman Yaldei Developmental Center, a Montreal school that supports children with autism and other cognitive and physical disabilities, shouting: 'All the Zionists are racists. All the Zionists are… — FactsMatter (@AllFactsNoHate) May 5, 2025 This advertisement has not loaded yet, but your article continues below. 'Vulnerable institutions' are popular targets for anti-Israel activists. A Jewish girl's school in the city's north end was shot at three times in 2024, while earlier this month protestors targeted Montreal's Donald Berman Yaldei Developmental Center – a centre caring for autistic and severely disabled children – with activists chanting 'Zionists, fascists, it's you the terrorists!' at families and staff. Groups refusing to sign the letter include Autistics for Autistics, a Toronto-based autism advocacy group. 'I support people being able to visit the hospital, church or other vital community institutions in peace,' said co-founder Anne Borden King. 'It's a sensory overwhelm to be blocked and yelled at. It's also a physical barrier for people with physical disabilities.' This advertisement has not loaded yet, but your article continues below. Read More She points out that few of the signatories publicly opposed measures to limit pandemic-era hospital protests. 'You can't help but think that maybe they just want to go to synagogues and yell at Jews,' she said. Reports from Toronto Police this week show officers laid 84% more hate crime charges so far this year compared to 2024. And despite making up less than 4% of the city's population, Jews were the target of 40% of all reported hate crimes last year. Michelle Stock, Ontario vice-president with the Centre for Israel and Jewish Affairs (CIJA,) told the Sun protesting at schools, hospitals or places-of-worship only serves one purpose: intimidation. This advertisement has not loaded yet, but your article continues below. 'This is not a matter of free expression – these acts are calculated attempts to harass, intimidate, and instil fear,' she said. 'They are not only a direct threat to Jewish community members but a danger to the broader safety, civility, and social fabric of our city.' She called on governments to do more to end hateful protests masquerading as legitimate protest. 'It is a basic obligation in any society that claims to value human rights, inclusion, and public safety,' she said. RECOMMENDED VIDEO Ahmed's assertions that such bylaws violate the Charter hold no water, says Ottawa-based Lawyer Michael Polowin – pointing out that protest venues aren't constitutionally-protected. 'Those who are saying that bubble zone legislation interferes with the right of freedom of expression are simply wrong,' he said, pointing to similar legislation restricting protests near abortion clinics, and the aforementioned COVID-era hospital protests bans. 'This has been done before, there is nothing new here,' Polowin added. bpassifiume@ X: @bryanpassifiume