TORONTO — The Court of Appeal for Ontario has ruled the provincial government can proceed with removing about 19 km of protected bike lanes on Bloor Street, Yonge Street and University Avenue.In a unanimous decision released August 14, a three-judge panel overturned a July 2025 Superior Court ruling by Justice Paul Schabas that had found the planned removals unconstitutional. Schabas concluded the changes would increase the risk of harm or death to cyclists and therefore violated section 7 of the Charter of Rights and Freedoms.The appeal court rejected that reasoning. “There is no Charter right to bicycle lanes — neither specifically nor as inference from any of the rights specifically enumerated in the Charter,” the decision stated. Justice Grant Huscroft wrote that “it is illegitimate for courts to involve themselves in matters of legislative policy. Policy is for politics.”The panel held the legislature is free to regulate road use, including removing bicycle lanes or even entire roads, without implicating Charter rights. It also ruled that legislation is not unconstitutional simply because experts predict it will not work or because a government declines to follow expert advice. Hundreds of pages of internal ministry documents released during the original challenge had shown officials were aware the removals might not meaningfully cut congestion and could increase collisions..The bike lanes were targeted under the Reducing Gridlock, Saving You Time Act passed in 2024. The Ford government has argued the protected lanes on these major arteries contribute to congestion that costs Ontario’s economy more than $56 billion annually.Transportation Minister Prabmeet Sarkaria called the ruling “a victory for common sense and for respecting the appropriate division of roles between duly elected legislatures and the courts.” Premier Doug Ford posted “Common sense wins” on X.Michael Longfield, executive director of Cycle Toronto, said the group is disappointed and maintains that bike lanes do not cause congestion and that removing them “will put people’s lives at risk.” He framed the issue as one of local democracy and said the organization is exploring further legal steps.A spokesperson for Mayor Olivia Chow’s office said the city has been working with the province to reach an agreement that restores vehicle lanes while keeping cyclists safe. The city has already adjusted one stretch of Bloor Street West between Kipling Avenue and Islington Avenue to restore a car lane while retaining a bike lane.A previous city estimate put the cost of removing the targeted lanes at approximately $48 million. The provincial government has not yet announced a timeline for any physical removals.
