The Aporia
Kline, J. (2026, August 19). ‘Illegitimate’ for courts to declare a right to bike lanes. National Post. https://nationalpost.com/opinion/illegitimate-for-courts-to-declare-a-right-to-bike-lanes
Kline, Jesse. “‘Illegitimate’ for courts to declare a right to bike lanes.” National Post, 19 Aug. 2026, https://nationalpost.com/opinion/illegitimate-for-courts-to-declare-a-right-to-bike-lanes.
Kline, Jesse. “‘Illegitimate’ for courts to declare a right to bike lanes.” National Post, August 19, 2026. https://nationalpost.com/opinion/illegitimate-for-courts-to-declare-a-right-to-bike-lanes.
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The Ontario Court of Appeal has overturned a lower court's decision that had blocked the removal of bike lanes in Toronto. The original decision, made by Superior Court Justice Paul Schabas, found that the removal of the bike lanes would violate the Charter of Rights and Freedoms, as it would create a "grossly disproportionate" risk of injury or death to cyclists. However, the Ontario Court of Appeal ruled that there is no constitutional right to bike lanes, and that the province's decision to remove them was within its authority. This ruling has been seen as a victory for Ontario Premier Doug Ford and his government, who have long advocated for reducing the number of bike lanes in Toronto. The court's decision has sparked controversy, with some arguing that it undermines the role of judges in protecting individual rights and freedoms. The Ontario Court of Appeal ruled against the cyclists on *Friday*, overturning the lower court's decision and paving the way for the removal of 19km (12 miles) of bike lanes from Toronto's roads. The ruling is significant, as it sets a precedent for the role of judges in reviewing government decisions related to infrastructure development.