Railing against “unelected” judges and earning stern rebukes for his attack, Premier Doug Ford says Ontario will appeal a temporary court injunction preventing the province from ripping out bike lanes.Ìý
“Why don’t they listen to the people?” Ford said Wednesday, noting his Progressive Conservatives were re-elected with a third straight majority Feb. 27 on a platform that included removing bikeways on Bloor Street, Yonge Street and University Avenue in pc28¹ÙÍøand a tougher stand on crime.
The premier teed off on judges whose rulings on issues including bail and bike lanes run counter to the wishes of his government — and called the concept of judicial independence “a joke” because judges are appointed by governments of various political stripes.
That comment was labelled “deeply alarming” by the Canadian Civil Liberties Association and by opposition parties, who said Ford sounded like U.S. President Donald Trump.
“Respecting the independence of the judiciary and the rule of law is necessary for a fair criminal justice system in Canada, and protects all of our rights and freedoms,” said Shakir Rahim, director of the criminal justice program at the CCLA.
“When the premier starts talking like this, it’s dangerous,” warned New Democrat Leader Marit Stiles.
Ford’s remarks came in Mississauga as he pressed Prime Minister Mark Carney’s new Liberal government to make it tougher for anyone accused of a violent crime to get bail, and said Ontario is looking at ways of getting people ordered to wear ankle monitors to pay user fees, reviewing the bail system to better track repeat offenders, and improving collection of forfeited bail money.
“Judges should not determine items like bike lanes … because of ideology, they decide to put an injunction in,” charged the premier, who contends removing bike lanes will improve traffic flow for vehicles and ease gridlock. “Enough is enough.”
“We get elected democratically,” Ford added. “Last time I checked, there hasn’t been any judges elected. Maybe that’s the problem. We should do what the U.S. does, let’s start electing our judges, holding them accountable.”
Justice Paul Schabas of Ontario Superior Court ruled April 22 that Ontario government lawyers provided “no evidence” of an urgent need to proceed with removing the bike lanes on Bloor Street, University Avenue and Yonge Street in downtown Toronto, and noted they are “more easily removed than rebuilt or restored.”
The injunction was issued while Schabas considers a Charter challenge of the push to remove bike lanes. Cycling advocates had argued the bike lane removals violate Charter rights to life and security of the person.
Green Leader Mike Schreiner said the Ford’s accusation of judicial “ideology” at play is baseless.
“The court is only asking for evidence,” Schreiner said.
Government documents released in a court hearing warned removing bike lanes may not ease congestion but could bring an increased risk of collisions and negative impacts on businesses. City hall has estimated the lane removal costs at $48 million, which the province has pledged to pay.
As he has previously, the premier took aim at what he considers “bleeding-heart judges” who are soft on accused violent criminals and grant bail, leading to a “catch-and-release” system in which some facing serious charges go on to commit more crimes.
“The system is broken,” Ford maintained.
He also drew fire from Ecojustice.
“Premier Ford’s attack on the integrity of judges with whom he disagrees is unfounded and unacceptable,” said Julia Croome, director of litigation at the environmental lobby group that is part of a challenge to the bike lane removal law. “Judicial independence is a cornerstone of Canada’s democratic system and essential to the rule of law.”
Liberal Leader Bonnie Crombie said Ford’s repeated comments on the need for appointing like-minded judges “very Trump-like.”
“We can’t hand-pick judges who will further our agenda,” she told reporters at the legislature. “People need to have confidence in our judiciary system, they need to know that their judges are fair.”
The CCLA said 80 per cent of people in Ontario jails have been denied bail and are awaiting trial, suggesting “bail in Ontario is more difficult to obtain than ever.”
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