Alberta is backing a recent Ontario Court of Appeal ruling that cleared the way for the province to remove bike lanes in Toronto, calling the decision a victory for elected governments and transportation policy.
Alberta Transportation Minister Devin Dreeshen said the ruling confirms that governments have the authority to establish or change transportation policies in the public interest.
The Ontario appeal court overturned an earlier decision that had found the planned removal of bike lanes created an unconstitutional risk to cyclists’ safety.
Court rejects constitutional right to bike lanes
The Court of Appeal ruled that there is no Charter-protected right to bike lanes and that governments can change or repeal transportation policies introduced by previous administrations, even when those changes run contrary to expert recommendations.
The court also criticized the lower-court ruling, arguing that it had incorrectly applied the law and appeared to become involved in policy and political considerations that fall within the responsibility of elected governments.
Dreeshen welcomed the decision, saying Alberta residents expect transportation policies to reflect the needs and conditions of their communities.
He added that the ruling would be considered as Alberta finalizes legislation aimed at ensuring transportation infrastructure serves different categories of road users.
Alberta considering its own legislation
The issue has particular relevance in Alberta, where Dreeshen previously called on Calgary and Edmonton to remove bike lanes from major roadways.
The minister said the Alberta government is developing legislation intended to ensure transportation infrastructure works for all road users.
He argued that transportation decisions should prioritize safety and quality of life rather than political ideology.
The Ontario ruling could therefore influence Alberta’s approach as the province develops its own transportation framework and considers how municipalities should manage bike lanes and other road infrastructure.
For Ontario, the decision gives the provincial government greater room to proceed with its plans concerning Toronto’s cycling infrastructure, while in Alberta it is being viewed as potential support for a broader shift in transportation policy.
