Ontario court clears path for Ford to remove Toronto's protected bike lanes
The Court of Appeal for Ontario ruled that governments have no constitutional duty to provide or maintain bike lanes, overturning a lower court decision that protected them.
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Ontario's highest provincial court has cleared a major legal barrier to Premier Doug Ford's plan to remove protected bike lanes from Toronto's busiest streets.
In a unanimous decision released last week, the Court of Appeal for Ontario rejected the argument that the Canadian Charter of Rights and Freedoms requires governments to provide or maintain bike lanes. The appeal court also ruled that courts cannot strike down transportation legislation simply because experts believe it will be ineffective or make roads less safe.
"There is no Charter right to bicycle lanes," the ruling stated.
The decision overturned an Ontario Superior Court ruling from July 2025 by Justice Paul Schabas, who had sided with Cycle Toronto and two cyclists challenging Ford's "Reducing Gridlock, Saving You Time Act" from November 2024. That legislation directed the transportation minister to remove bike lanes from Bloor Street, University Avenue, and Yonge Street.
Schabas had found that removing the physical separation between cyclists and vehicles would increase collisions, injuries and deaths. He also accepted evidence that converting bike lanes back to traffic lanes would not reduce congestion and could worsen it. Based on those findings, he declared the removal legislation unconstitutional and blocked the province from proceeding.
The appeal panel of three judges drew a clear line between judicial and elected authority: judges decide whether laws are constitutional, while policy choices remain the responsibility of voters' elected representatives. The province is generally free to reverse policies introduced by a previous government as long as those policies are not required by the Constitution, the court concluded.
The ruling sets a precedent that could shape similar battles over municipal infrastructure across Canada. Vancouver and other cities with protected bike lanes will be watching how Ontario proceeds.
By the numbers
What did the Court of Appeal for Ontario rule about bike lanes and the Charter of Rights and Freedoms?
The Court of Appeal for Ontario ruled unanimously that the Canadian Charter of Rights and Freedoms does not require governments to provide or maintain bike lanes. The court also determined that judges cannot strike down transportation legislation based on concerns about effectiveness or safety.
Which three Toronto streets were targeted for bike lane removal under Ford's legislation?
The 'Reducing Gridlock, Saving You Time Act' from November 2024 directed the removal of protected bike lanes from Bloor Street, University Avenue, and Yonge Street.
What did the lower court find would result from removing Toronto's bike lanes?
Ontario Superior Court Justice Paul Schabas found in July 2025 that removing the physical separation between cyclists and vehicles would increase collisions, injuries, and deaths. He also accepted evidence that converting bike lanes back to traffic lanes would not reduce congestion and could worsen it.
