January 6, 2026 - The Canadian Constitution Foundation (CCF) will intervene in the Ontario government’s January 28 appeal of a court ruling that prevented the province from removing bike lanes in downtown Toronto.
Passed in November 2024, the Reducing Gridlock, Saving You Time Act required municipalities to obtain provincial approval before installing bike lanes that remove lanes of vehicle traffic, and mandated the removal of bike lanes on Bloor Street, University Avenue, and Yonge Street. The legislation was challenged by individual cyclists and the advocacy group Cycle Toronto, who argued that removing the dedicated bike lanes violated section 7 of the Charter – the right to life, liberty and security of the person – by increasing risks to cyclists.
On July 30, 2025, Justice Schabas of the Ontario Superior Court of Justice ruled that the bike lane removal provisions violated section 7 of the Charter, and this violation could not be justified by section 1 – reasonable limits on guaranteed rights.
The CCF is intervening in the Ontario government’s appeal to argue that the ruling improperly transforms section 7 into a source of positive rights and invites courts to overwrite decisions that belong with politicians. Positive rights require that governments provide something, such as goods or resources, while negative rights require that governments not interfere with something.
Josh Dehaas, Counsel for the CCF, said that treating infrastructure preferences as constitutional rights would invite courts into routine transportation policy.
“Section 7 was meant to protect Canadians from government overreach, yet this ruling twists it into a tool for settling traffic policy debates,” said Dehaas. “The Charter was never intended to empower judges to micromanage infrastructure choices, but that is exactly the precedent that would be set if this ruling is allowed to stand.”
The CCF will be represented in this case by George Avraam and Jennifer Bernardo of Baker McKenzie.
Read more on the CCF here.
Read the court judgement here.
Read about the rules regarding Interveners here.
Read more about the ruling by Justice Schabas here.
