The Canadian Constitution Foundation is intervening in the Ontario government’s appeal of a court ruling that prevented the removal of several downtown Toronto bike lanes, arguing the decision improperly expands Section 7 of the Charter of Rights and Freedoms into a positive right to bike lanes.
The appeal follows a July 30, 2025 decision of the Ontario Superior Court of Justice, which found that provisions of the Reducing Gridlock, Saving You Time Act violated the Charter right to life, liberty, and security of the person. The legislation, passed in November 2024, required provincial approval for certain bike lanes and mandated the removal of lanes on Bloor Street, University Avenue, and Yonge Street in Toronto.
The CCF argued at a January 2026 hearing that the ruling transforms Section 7 into a source of positive rights and invites courts to intrude into routine transportation policy, undermining the proper role of elected governments.
On August 14, 2026, the Ontario Court of Appeal overturned the lower court decision and held that there is no Charter right to bike lanes. The Court held that “as long as the prior legislation was not mandated by the Charter, undoing it by amendment or repealing it altogether is necessarily Charter-compliant.”
Writing for the Court, Justice Huscroft held: “Whether courts think legislation is wise or unwise, is irrelevant so far as its constitutionality is concerned, and constitutionality is the only question with which courts are legitimately concerned.”
Toronto’s Right to Bike Lanes (Cycle Toronto v Ontario)
CCF Launch: January 5, 2026
Jurisdiction: Ontario Court of Appeal
Status: Closed
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