Chris Selley: Two court challenges. The least important, you've probably heard of
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Chris Selley: Two court challenges. The least important, you've probably heard of
My advice: Don’t cheer on court rulings or laws just because you agree with their stated aims
Last week, a three-judge panel of the Court of Appeal for Ontario laid waste to Superior Court Justice Paul Schabas’s 2025 ruling granting an injunction against the Ontario government ripping out bike lanes in Toronto.
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Removing the lanes “imposes a high and grossly disproportionate cost on section 7 rights holders,” Schabas wrote, referring to the section of the Charter guaranteeing the right to “life, liberty and security of the person.”
Chris Selley: Two court challenges. The least important, you've probably heard of Back to video
Money quote from the appeal court ruling, written by Justice Grant Huscroft: “(Courts) learn a great deal about a matter in the course of judicial review proceedings, and judges may be tempted to comment on matters of policy. … But the temptation must be resisted. It is not just that courts have no expertise in policy making. … It is illegitimate for courts to involve themselves in matters of legislative policy.”
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