Court finds Ford government’s bike lane removal plan would ‘breach’ the Charter

The Ford government's plans to tear out dedicated bike lanes from three Toronto routes has been deemed to be unconstitutional, halting a populist pledge driven by the premier.

The Ford government’s plan to tear out dedicated bike lanes from three Toronto routes has been deemed to be unconstitutional, according to a ruling by an Ontario court, halting a populist pledge driven by the premier.

In his ruling, Superior Court Justice Paul Schabas said the province’s move to take out bike lanes would be “inconsistent” with the constitutional protection of life, liberty and security.

The ruling said an updated version of the law, passed in June, would also breach the charter.

“Any steps taken to ‘reconfigure’ the target bike lanes that removes their protected character for the purpose of installing a lane for motor vehicles in order to reduce congestion, would be in breach of s. 7 of the Charter,” the ruling said.

The ruling comes after months of legal wrangling and a court-imposed injunction that has, so far, prevented the province from following through on its promise to scrub Bloor Street West, Yonge Street and University Avenue of its dedicated cycling infrastructure.

In an earlier injunction ruling, Justice Schabas cited the public interest in protecting cyclist safety and a lack of evidence backing the government’s claim that removing the lanes would reduce congestion.

The Ford government fast-tracked Bill 212 through the Ontario legislature in late 2024, giving itself the power to reject or even reverse the installation of separated bike lanes in any municipality in the province.

A cyclists’ advocacy group immediately launched a Charter challenge, claiming the law was “ill-conceived and arbitrary” and would result in an increased number of injuries and deaths.