The Court of Appeal for Ontario has ruled that the provincial government can proceed with removing 19 kilometres of protected bike lanes along Bloor Street, Yonge Street and University Avenue in Toronto. Released on Friday, the unanimous decision from a three-judge panel reverses a July 2025 lower court ruling and establishes that there is no constitutional obligation to regulate road usage in any specific manner.
Court of Appeal Decision and Legal Rationale
The legal battle centers on legislation initially passed at Queen’s Park in 2024 to empower the province to remove bike lanes on major Toronto arteries. Following the bill’s passage, advocacy organization Cycle Toronto and other challengers launched a legal challenge that kept the infrastructure on the streets. In July 2025, Ontario Superior Court Justice Paul Schabas ruled that removing the lanes would be unconstitutional. According to Justice Schabas, the removal would put people at increased risk of harm and death, thereby engaging the right to life and security of the person under the Canadian Charter of Rights and Freedoms. Additional coverage from CTV News noted that Justice Schabas found the province’s plan violated the Charter by endangering individuals.
However, Friday’s appeal court decision dismantled that reasoning. The three judges ruled that the Ontario legislature holds the authority to establish or remove bicycle lanes without implicating the Charter. “The legislature is free to legislate to remove a bicycle lane from a road — indeed, it may remove a road entirely — without implicating the Charter,” the decision states. According to the appeal judges, the lower court erred by focusing on the efficacy of the legislation. The panel emphasized that the Charter does not dictate whether bike lanes are wise policy, concluding that legislative policy is not arbitrary simply because experts or citizens predict it will fail.
Government Response and Expert Evidence Debate
Ontario’s transportation minister, Prabmeet Sarkaria, welcomed the ruling in a statement released Friday afternoon, calling it a victory for common sense and the appropriate division of roles between elected legislatures and the courts. CTV News reported that Minister Sarkaria also stated the government received a mandate to tackle traffic and gridlock costing Ontario’s economy more than $56 billion annually. The minister previously defended the removal by noting that just 1.2 per cent of people in Toronto commute by bicycle, though federal data cited in public reporting shows higher usage in areas where the targeted lanes exist.
During the legal proceedings, hundreds of pages of internal ministry documents, reports, and emails were made public. These records showed that the government was aware the removal might not meaningfully impact congestion and could increase collisions for all road users. Nevertheless, the appeal court ruled that the government is not legally required to accept expert advice. “Legislation is not unconstitutional for failing to satisfy the preferences of experts whose advice the government was not required to accept,” the judges wrote.
Did You Know? The legislation empowering the province to remove bike lanes along Bloor Street, Yonge Street and University Avenue was initially passed at Queen’s Park in 2024.
Advocacy Reaction and Future Implications
Michael Longfield, executive director of Cycle Toronto, criticized the appeal decision as a step backward for evidence-based decision-making. “I want to be clear that bike lanes do not cause traffic congestion. Removing them will put people’s lives at risk,” Longfield said, noting that the original ruling highlighted how the province pushed forward despite experts agreeing the move would not reduce traffic congestion.
With the Court of Appeal setting aside the constitutional barrier, the provincial government is legally cleared to move forward with dismantling the 19 kilometres of protected cycling infrastructure.
Frequently Asked Questions
What did the Court of Appeal for Ontario decide?
The Court of Appeal ruled unanimously that the provincial government can remove 19 kilometres of protected bike lanes along Bloor Street, Yonge Street and University Avenue in Toronto, reversing a lower court decision from July 2025.
Why did the lower court originally block the removal?
In 2025, Justice Paul Schabas ruled that removing the bike lanes would violate the Canadian Charter of Rights and Freedoms because it would put people at increased risk of harm and death, engaging the right to life and security of the person.
Does the government have to follow expert advice on traffic congestion?
No. The appeal court panel ruled that the government is not constitutionally obligated to accept expert advice, stating that legislation is not unconstitutional simply because advisors or experts predict it will not achieve its stated goals.
How will the removal of these protected bike lanes alter daily commuting patterns across downtown Toronto?
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