Ontario Court of Appeal clears way for Toronto bike lane removal

The Ontario Court of Appeal has overturned a previous ruling that blocked the provincial government from removing protected bike lanes on three major Toronto streets: Bloor Street, Yonge Street, and University Avenue. In a unanimous decision, a three-judge panel found that a lower court had erred by attempting to create a constitutional right to bike lanes where none exists.

The court ruled that the legislature is free to amend or repeal policy choices made by previous governments, regardless of whether those choices align with expert advice. The judges emphasized that while laws must adhere to the Charter, the court's role is not to determine if a policy is wise or unwise, stating that “policy is for politics” and that judges must resist the temptation to engage in public policy debates.

Premier Doug Ford’s government hailed the decision as a victory. Transportation Minister Prabmeet Sarkaria stated that bike lanes should be located on secondary roads rather than occupying vehicle lanes on the city's busiest streets. Cycling advocacy groups, who argued that removing the lanes would create dangerous, disconnected stretches for riders, described the ruling as a setback.