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CHATTER: The bicycle in the Court of Appeal (Feb. 2026)

March 11th, 2026 · No Comments

Judges weigh Ford’s appeal of lower court injuction

By Albert Koehl

On a day when most streets, sidewalks, and bike lanes were still covered with snow from a giant downfall, it was the bicycle that found its way into the lofty corridors of Osgoode Hall. 

Three justices of the Ontario Court of Appeal heard arguments about whether Premier Doug Ford’s decree to eliminate bike lanes from Bloor and Yonge Streets and University Avenue violated section 7 of the Charter of Rights. 

At issue was the right to life and security of the person. 

In a July 2025 decision, Judge Paul Schabas of the Superior Court of Justice had agreed with Cycle Toronto, and its pro bono lawyers from Ecojustice and Paliare Roland, that such a violation had indeed occurred. 

Removing bike lanes increases the risk of injury and death for people who travel by bicycle, and the province had failed to justify this Charter infringement.

The test for a section 7 violation is: a) was there a deprivation of the Charter right, and b) if yes, was it carried out contrary to the principles of fundamental justice.

One element of part (b) of the test is whether the government’s decision was arbitrary. 

The answer partly depends on whether there is a rational connection between the provisions of the law and its objective (in this case, to reduce road congestion). 

The bike lane removal provisions of Bill 212 (now part of the Highway Traffic Act) were a last-minute add-on to the Bill. 

The core of the Bill, which was not challenged, was a requirement for provincial approval of new bike lanes installed at the expense of a car lane. (Bill 60, subsequently passed, simply bans new bike lanes that remove a car lane.) 

However, after first and second readings— and with public hearings on Bill 212 nearly complete—Doug Ford, at a meeting of the Empire Club, announced that the three popular bike lanes were to be eliminated. The announcement contradicted Ford’s own minister of Transportation who had stated there were no plans to remove bike lanes.

In the original hearing, Cycle Toronto presented expert evidence, accepted by Judge Schabas, about “induced demand,” namely that more car lanes simply draw more motorists, causing more congestion. But, is it enough, as one judge asked, for the court to be able to surmise a rational connection, even in the absence of evidence. Doesn’t it make sense for the government to think, even if its own experts suggested otherwise, that one more lane will add more room for cars and therefore reduce congestion? We will have to wait for the answer.

The final decision of the justices is likely to take several months. In the meantime, city residents will be able to enjoy the safety of bike lanes on Bloor, Yonge, and University—at least once the snow is removed.

Albert Koehl is a former lawyer with EcoJustice and the executive director of Community Bikeways. 

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