Share this Story : National Post Copy Link Email X Reddit Pinterest LinkedIn Tumblr

Jamie Sarkonak: Ontario's highest court puts bike lane 'experts' in their place

The Constitution doesn't mandate the infrastructure preferences of federally funded policy advocates. At least some judges understand this

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.

Enjoy the latest local, national and international news.

Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.

Unlimited online access to National Post.

National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.

Daily puzzles including the New York Times Crossword.

Support local journalism.

Enjoy the latest local, national and international news.

Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.

Unlimited online access to National Post.

National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.

Daily puzzles including the New York Times Crossword.

Support local journalism.

Create an account or sign in to continue with your reading experience.

Access articles from across Canada with one account.

Share your thoughts and join the conversation in the comments.

Enjoy additional articles per month.

Get email updates from your favourite authors.

Create an account or sign in to continue with your reading experience.

Access articles from across Canada with one account

Share your thoughts and join the conversation in the comments

Enjoy additional articles per month

Get email updates from your favourite authors

Sign In or Create an Account

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.

Jamie Sarkonak: Ontario's highest court puts bike lane 'experts' in their place Back to video

While there wasn’t a positive duty on governments to create bike lanes, went the Schabas’ logic, there was a duty to justify the removal of any existing bike lane with evidence satisfactory to the court. His scheme entombed all roads and traffic policy in thick constitutional armour.

The National Post newsletter that doesn’t hold back, giving readers the unvarnished truth on media, politics and culture.

There was an error, please provide a valid email address.

By signing up, you consent to receive the above newsletter from Postmedia Network Inc.

A welcome email is on its way. If you don't see it, please check your junk folder.

The next issue of Right? will soon be in your inbox.

We encountered an issue signing you up. Please try again

Interested in more newsletters? Browse here.

Cycle Toronto’s........

© National Post