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TORONTO – Today’s Court of Appeal of Ontario decision in Cycle Toronto v. Ontario is a decisive win for democratic policymaking and a clear rejection of attempts to turn ordinary policy choices into bedrock constitutional rights.

The case was an appeal of a July 30, 2025 decision of the Ontario Superior Court of Justice, which found that provisions of the Ford government’s 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 had transformed Section 7 into a source of positive rights and invites courts to intrude into routine transportation policy, undermining the proper role of elected governments. 

Today, 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.”

“Today’s common sense ruling by the Court of Appeal keeps the line between courts and policy clear. The Charter protects fundamental rights. It does not give courts the power to impose policy preferences. The power to legislate on policy questions belongs where it always has, with elected governments accountable to voters,” said Christine Van Geyn, interim Executive Director of the CCF.

The CCF was represented in this case by George Avraam and Jennifer Bernardo of Baker McKenzie.