On Friday, the Ontario Court of Appeal ruled that there was no Charter right to bike lanes — and delivered an utter spanking to the judge below their rank who said otherwise. Not only was it a victory for those who prefer car to bike, it was a victory for democracy.
Before the case was overturned, it stood for the principle that elected policymakers had to submit to “expert” evidence on matters of mere traffic planning to avoid breaching the Charter rights of the masses. Justice Paul Schabas of the Ontario Superior Court arrived at this conclusion last year in hearing out the advocacy group Cycle Toronto, which had complained about the Ontario government’s plan to remove a bike lane along a major thoroughfare downtown.
