The Toronto Cyclists Union yesterday threw down a legal opinion (drafted by Iler Campbell LLP) at the City, making the claim that City Council's vote to remove the Jarvis bike lanes and install a 5th lane requires a full Schedule C Environmental Assessment. If the City doesn't respond within 10 days they will approach the provincial Ministry of Environment.
Commissioned by the Cyclists Union, Iler Campbell LLP’s opinion contends that bike lane decommissioning and a reversible centre-lane addition on Jarvis Street is subject to a minimum of a Schedule B project screening—that is, screening for projects that “have the potential for some adverse environmental effects.” However, the firm recommends that a more intensive Schedule C assessment (for projects that “may have significant environmental effects”) be undertaken.
Installing the 5th reversible lane (as it was before the original environmental assessment was done) would go against the Official Plan and provincial guidelines that recommend improving streets for active transportation. It would inhibit active transportation and encourage more air pollution and worse health. It is hoped that the City and/or the province will agree it requires a Schedule C Environmental Assessment because of these potential adverse effects so the public can be properly consulted.