Key facts
- The Ontario government can now remove bike lanes on Toronto's busiest streets.
- The Ontario Court of Appeal reversed a lower court's decision that deemed lane removal unconstitutional.
- The provincial government had passed legislation in 2024 to allow for the removal of the lanes.
- Cycling advocacy groups argued the removal would violate the right to life and security of the person.
- The court stated that governments are not obligated to accept policy advice regarding legislation.
- The cost of removing the lanes was estimated at C$48 million.
The Ontario government has been granted the authority to remove bike lanes on Toronto's major streets, following a ruling by the region's top court on Friday. This decision overturns a previous judgment that had found the removal unconstitutional, citing potential violations of the right to life and security of the person under Canada's Charter of Rights and Freedoms.
Premier Doug Ford's government has consistently criticized Toronto's bike lanes, attributing traffic congestion issues to them. In 2024, legislation was passed to enable the province to dismantle the infrastructure, which had been recently installed by the municipality. A legal challenge by cycling advocacy groups, including Cycle Toronto, temporarily halted the removal.
In its ruling, the Ontario Court of Appeal stated that there is no constitutional right to bike lanes and that the government is free to alter legislation as it sees fit. Justice Huscroft, writing for the court, noted that courts cannot deem legislation unconstitutional based solely on expert predictions of policy failure, emphasizing that neither the government nor the legislature is bound to accept policy advice.
Michael Longfield, executive director of Cycle Toronto, expressed disappointment, highlighting the safety benefits of bike lanes for cyclists, pedestrians, and drivers, as well as their traffic-calming effects. Toronto Mayor Olivia Chow indicated she is collaborating with the province to find a solution that ensures the safety of all road users, with hopes for a negotiated alternative that accommodates cyclists.
Ontario's Transportation Minister Prabmeet Sarkaria described the court's decision as a "victory for common sense." The province has not yet disclosed its plans or timeline for removing the lanes. A city report from 2024 estimated the cost of removal at C$48 million, and internal provincial briefings suggested that removing the lanes would not alleviate congestion and might even worsen it, while also potentially overstepping municipal authority.