The provincial legislature passed legislation to remove certain bicycle lanes in Toronto to reduce traffic congestion.
The respondents successfully challenged the legislation in Superior Court, arguing it violated section 7 of the Charter by depriving cyclists of security of the person in an arbitrary and grossly disproportionate manner.
On appeal, the Court of Appeal reversed the decision, holding that the Charter does not create a positive right to bicycle lanes and that the legislature's decision to repeal or amend prior policy choices regarding road use does not violate section 7.
The Court found the legislation was neither arbitrary nor grossly disproportionate.
