An Ontario court has struck down Premier Doug Ford’s controversial law that would have allowed the removal of protected bike lanes in downtown Toronto, calling the legislation unconstitutional and a violation of basic rights.
In a landmark decision, Ontario Superior Court Justice Paul Schabas ruled that the provincial government’s plan to remove 19 kilometres of protected bike lanes along Bloor Street, Yonge Street, and University Avenue poses a serious risk to public safety and violates the Canadian Charter of Rights and Freedoms.
The legal challenge was brought forward by Cycle Toronto, a cycling advocacy organization, along with two individual cyclists—a student who depends on the Bloor Street bike lane to get to university and a delivery courier who relies on safe cycling infrastructure for work. The applicants argued that removing the lanes would significantly endanger cyclists’ lives.
Justice Schabas agreed. “The applicants have established that removal of the target bike lanes will put people at increased risk of harm and death, which engages the right to life and security of the person,” he wrote. The court also found that reinstating car traffic in place of the separated bike lanes would only increase danger without reducing congestion.
Despite the ruling, the Ontario government has stated it will appeal. A spokesperson for the Ministry of Transportation, Dakota Brasier, argued the province has a mandate to prioritize traffic flow. “We were elected by the people of Ontario with a clear mandate to restore lanes of traffic and get drivers moving by moving bike lanes off of major roads to secondary roads,” Brasier said in a statement.
Premier Ford has blamed Toronto’s bike lanes for worsening traffic and made their removal a major campaign promise during the snap election held earlier this year. The law also included a clause requiring municipalities to seek provincial approval before converting vehicle lanes into bike lanes—effectively giving the province final say over local infrastructure decisions.
Michael Longfield, executive director of Cycle Toronto, called the court’s decision a “full win.” He said the ruling confirmed that the province’s actions endangered lives and breached constitutional rights. “We won on the facts and on the law,” Longfield stated.
Toronto Mayor Olivia Chow, who had been in ongoing negotiations with the Ford government to find a compromise solution that would maintain bike lanes while easing traffic, said the city is reviewing the court’s decision and its implications for those talks. Her office emphasized that local infrastructure decisions should rest with the City of Toronto and its elected council.
The court heard that all six cyclist fatalities in Toronto last year occurred on streets without protected bike lanes. The province had argued that cycling is a voluntary activity and cyclists can choose safer or alternate routes. Justice Schabas rejected that position outright. “The evidence establishes that cycling in Toronto is often driven by reasons of reliability and affordability. For many, such as couriers, their livelihood depends on using bicycles,” he wrote.
The judge also noted that the government ignored substantial expert advice and data showing that removing bike lanes would not ease traffic congestion. Instead, it would likely lead to increased car use and ultimately worse congestion. He concluded that the law was not only arbitrary but also unsupported by credible evidence.
Earlier in the year, Schabas had issued an injunction to prevent the bike lanes’ removal until a final ruling was made.
The ruling is now drawing attention beyond Ontario. Alberta’s transportation minister, Devin Dreeshen, who had hinted at similar legislation in his province, said the government is reviewing the decision closely.