An Ontario Superior Court decision striking down Premier Doug Ford’s plan to remove bike lanes in Toronto was a major blow to his government’s pro-car agenda. But for Waterloo Mayor Dorothy McCabe, the ruling was more than just a win for one city — it reinforced municipal authority and supported safer, climate-friendly transportation across Ontario.
“I was really pleased that the court recognized the jurisdiction of the municipality versus the province,” McCabe told Canada’s National Observer.
McCabe, who also sits on the Region of Waterloo Council, said the court’s focus on public safety and affordability supports the direction her city has already taken. Waterloo requires new and rebuilt roads to include safe, separated cycling and pedestrian infrastructure.
For her, the decision provides much-needed clarity for cities planning bike infrastructure. “Transportation is about economic development, urban planning, the environment and connecting people with their communities,” she said. “We need to give people options — whether they’re young, older or living with accessibility challenges.”
The decision followed a legal challenge by Cycle Toronto and two residents after the Ford government passed Bill 212 to remove bike lanes on Bloor, Yonge and University. But on Wednesday, Superior Court Justice Paul Schabas ruled the plan unconstitutional, saying it violated Charter rights and put public safety at risk.
While the ruling only applies to Toronto, other parts of the law still threaten municipal authority as it requires cities to get provincial approval for new bike lanes that affect vehicle lanes. McCabe says the province should repeal it and let municipalities decide what’s best for their communities.
McCabe doesn’t just support bike lanes — she uses them. With nearly 3,000 kilometres logged on her e-bike, cycling is her main mode of transportation.
While the ruling only applies to Toronto, other parts of the law still threaten municipal authority as it requires cities to get provincial approval for new bike lanes that affect vehicle lanes.
Waterloo has over 120 kilometres of cycling routes and, in the past 18 months, the city’s 13 permanent trail and pathway counters recorded more than a million cycling trips.
City Hall-Queen’s Park power struggle
In Toronto, where city council formally opposed the legislation when it was introduced, Mayor Olivia Chow says the city is reviewing the court decision.
“Bike lanes keep thousands of people safe. Everyone should be safe as they travel to work, school and around our city,” Chow said in a statement. “I maintain that the City of Toronto and its elected council should be the ones making decisions about municipal infrastructure.”
She said that in the past two years, 78 cyclists in Toronto have been killed or seriously injured. Chow said bike lanes are essential for reducing car dependency, easing congestion and building a more sustainable city.
With nearly 700 kitlometres of bikeways already in place, the city says it is working to make travel by bike safer and more inviting to help ease street and transit congestion, create a cleaner environment and promote physical activity.
The government argued its legislation was necessary to curb the city’s traffic problems. But Brian Rosborough, executive director of the Association of Municipalities of Ontario, says the government’s proposal “is misguided and ineffective,” adding that “no single road improvement or isolated project can effectively address congestion.”
Rosborough said decisions about bike lanes and local transportation planning are best made by municipalities, who have the expertise, data and community input to create transportation options that meet local needs.
“Addressing congestion requires collaboration across government, not top-down policies that weaken municipal authority,” Rosborough said in an email. “Building a balanced transportation network means combining roads, paths and transit to serve evolving community needs.”
Court ruling could set precedent for other cities
While the court’s ruling applies only to Toronto’s major streets, Lindsay Beck, a lawyer with Ecojustice who represented the applicants, says it could open the door for legal challenges in other cities if the province tries to remove protected bike lanes without evidence to support its policy goals.
The court said the government can take actions that may put people at risk, but only if those actions are tied to legitimate policy goals. “There was no evidence at all that removing bike lanes would further the goal of alleviating traffic congestion,” Beck said.
What helps with traffic congestion is giving people transportation options other than driving — such as cycling, walking and public transit, she added.
Beck also says part of the law requires municipalities to seek provincial approval for new bike lanes that could face future legal challenges, especially due to its impact on vulnerable communities.
“The evidence makes clear that cycling is often a necessity for people who don’t own a car, can’t afford to own a car,” Beck said. “So there are disproportionate impacts when you remove bike lanes on vulnerable populations, and the decision makes some important findings about the impact on children and keeping them safer on the street.”
The court also acknowledged these harms, which she said could form the basis for equity-based legal arguments in the future.
