January 27, 2026 - Our David v. Goliath battle continues as we return to the courthouse this week, not only to defend protected bike lanes in Toronto, but to defend Charter rights and government accountability in Ontario.
Last year, Cycle Toronto and our co-applicants, represented by lawyers from Ecojustice and Paliare Roland, won a historic legal challenge that the Ontario government’s attempts to remove the protected bike lanes on Bloor, Yonge, and University under Bill 212 violated Canadians’ Charter rights under Section 7.
The court ruled that government decisions that increase risk to people, particularly vulnerable road users like cyclists, are unconstitutional when not made in accordance with the principles of fundamental justice. Internal documents confirmed the government’s own experts advised that the legislation would not achieve the claimed effect of reducing congestion in downtown Toronto. An FOI request further revealed that the province spent $270,000 on external lawyers beyond Crown attorneys in the case.
Now, the Province is appealing that decision.
What happens next could determine not just the future of these protected bike lanes and the thousands of people who depend on them, but whether the courts will continue to act as a safeguard when Charter rights are at stake.
If you’re available you can help by showing up this week.
Tuesday, Jan. 27: Defending Your Victory Rally Postponed Out of Respect for Vigil
Out of respect for a planned vigil for Alex Pretti and the people of Minneapolis taking place at 5:00 pm today outside the U.S. Consulate, we made the difficult decision to postpone today’s Defending Your Victory Rally. Alex Pretti was a 37-year-old intensive care nurse and avid cyclist who was shot and killed by U.S. federal agents earlier this week.
More information about the vigil is available on reddit here.
And a memorial ride is taking place on Saturday at 2:00 pm leaving from Christie Pits in solidarity with cycling groups in Minneapolis here.
Wednesday, Jan 28: Pack the courthouse
On Wednesday, we will be at the Ontario Court of Appeal defending the ruling that protected these bike lanes. We want to pack the courthouse with supporters. Join us if you can! A strong public presence shows that people are watching and that this case matters beyond legal arguments on paper.
What: Cycle Toronto v. Ontario Appeal Hearing
When: Wednesday at 9:45 am
Where: Ontario Court of Appeal, Courtroom One (130 Queen Street West)
Please be professional. You are representing this movement.
NOTE: Please be aware that unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of the hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.
The proceedings are also available to watch via Zoom here Passcode: 618619
Why this matters beyond bike lanes
From the start our opposition to this legislation was about respecting local democracies and evidence-based decision making.
This obsession with bike lanes isn’t about traffic congestion. It is part of a cynical political strategy that ignores expert evidence, diverts public resources away from real transportation solutions, and deliberately fuels a bad-faith culture war.
Let’s be clear. Cycle Toronto v. Ontario did not create a constitutional right to bicycle lanes, nor limit any level of government from making road and traffic decisions including installing and removing bike lanes.
But when governments make decisions that those laws are not arbitrary (i.e., bike lanes do not cause traffic congestion) or reckless (i.e., removing them will put people’s lives at risk) in accordance with the principles of fundamental justice. Or as Andrew Coyne wrote in the Globe & Mail:
It simply requires that before a government takes the extraordinary step of ordering the removal of lanes that have already been built – an action guaranteed to cost some lives and put many more in peril – it ought at least to have some basis in evidence or logic for doing so.
We’re optimistic. This time we’re on defence, and the facts are on our side.
But there is still significant work ahead outside the courtroom.
Ontario’s more recent Bill 60, which blocks municipalities from installing bike lanes if they remove vehicle travel lanes, will remain in effect regardless of the verdict. Toronto City Council is considering possible cuts to the city’s 10-year Cycling Capital Budget.
We will only win in the long run through organizing and collective action. Can we count on you to become a Cycle Toronto member today?
JOIN CYCLE TORONTO here.
Thank you for your support.
