Ontario bike-lane injunction overturned as Quebec oath amendment faces legal challenge

Last week, an Ontario Court of Appeal panel of three judges overturned a 2025 injunction issued by Superior Court Justice Paul Schabas that had prevented the provincial government from removing bike lanes in Toronto, arguing that courts should not involve themselves in policy decisions. Critics of judicial activism celebrated the ruling, emphasizing the need for legislative bodies to retain policy-making authority. Meanwhile, a fresh legal challenge has been launched against Quebec’s recent constitutional amendment that eliminates the oath of allegiance to the Crown for members of the National Assembly, contending that such a change requires unanimous approval from the federal Parliament and all ten provincial legislatures.

The Canadian government has already incorporated Quebec’s amendment into the online version of the Constitution, a move described as “outrageous” by commentators. Observers warn that allowing provinces to unilaterally alter constitutional provisions could spark broader national-unity tensions. The column’s author argues that both cases illustrate the growing risk of courts and politicians overstepping their constitutional bounds, with potential long-term consequences for the rule of law in Canada.