Lawyer for four people arrested at Bloor bike lane protests says no-protest release conditions violate the Charter
Leora Smith, a lawyer with the Community Justice Collective, says Toronto Police placed unconstitutional conditions on four people arrested at bike lane protests on Bloor Street West. TPS says the charges are for obstruction, not protest. A larger protest is planned at University Avenue.
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A lawyer for four people arrested at bike lane protests on Bloor Street West in Etobicoke told a news conference on November 3 that the conditions placed on her clients when they were released from custody violate the Canadian Charter of Rights and Freedoms.
Leora Smith, of Community Justice Collective, said Toronto Police gave the four people a choice: remain in custody overnight or sign a form agreeing not to attend future protests against the province's bike lane removal program. The four signed and were released. Smith is now challenging those conditions.
"I want to be really clear, these conditions and the prohibition on protests is a serious violation of our clients' constitutional rights, including their Charter rights to freedom of expression, freedom of association and freedom of assembly," Smith said, as quoted by CityNews. "Police have no authority, moral or legal, to demand that any person sign away their right to protest."
Smith said release conditions are properly used to protect witnesses, ensure a court appearance, or prevent a repeat offence. Protesting, she said, is not a criminal offence.
Toronto Police Service responded in a statement. The service said the accused were charged for obstructing construction crews and interfering with officers, not for being at a protest. The charges are obstructing police and mischief interfering with property. TPS said it supports the right to peaceful protest.
On the conditions themselves, TPS told CityNews: "We won't comment on the specific conditions of release in individual cases. If there are concerns about the legality or appropriateness of those conditions, the courts are the appropriate forum to address them."
The province completed the removal of bike lanes on a stretch of Bloor Street West between Clissold Road and Royal York Road in Etobicoke on October 30. That work was the first completed removal under Ontario's program to restore motor vehicle lanes on major Toronto roads.
David Shellnutt, founding partner of The Biking Lawyer LLP and a protest organizer, said the police response was heavy-handed. He told CityNews that riot officers, mounted officers and drones were deployed for people he described as defending cycling infrastructure.
Shellnutt said the arrests would not stop further protests. He told CityNews that when the province reaches University Avenue, thousands of cyclists will show up. Ontario Transportation Minister Prabmeet Sarkaria has said work will continue on University Avenue and Yonge Street.
Mayor Brad Bradford, who took office November 15 after winning the October 26 election, said during the campaign that he would push the province to restore local authority over bike lane decisions. As of November 4, Bradford had not made a public statement about the arrests or the Charter challenge. His commitments are at /on/toronto-2026/candidates/brad-bradford.
Residents who want to follow the case can track it through court news reports. Anyone planning to attend protests at University Avenue can follow The Biking Lawyer LLP for updates.
Questions this story answers
Who was arrested at the Bloor Street West bike lane protests?
CityNews Toronto reported that four people were arrested and charged while protesting the province's removal of protected bike lanes on Bloor Street West in Etobicoke. The article names Leora Smith as their lawyer but does not name any of the four individuals arrested.
What release conditions did Toronto Police place on the four people?
According to CityNews Toronto, lawyer Leora Smith said the four people were given a choice when taken into custody: spend the night in jail, or sign a form prohibiting them from attending future protests related to the bike lane removals. All four signed the form and were released. Smith is now challenging those conditions as unconstitutional.
What does the lawyer say is wrong with those conditions?
Smith, speaking at a news conference on November 3, told CityNews that the no-protest conditions violate the clients' rights under sections 2(b), 2(c) and 2(d) of the Canadian Charter of Rights and Freedoms, which protect freedom of expression, freedom of assembly and freedom of association. She said, as quoted by CityNews: 'Police have no authority, moral or legal, to demand that any person sign away their right to protest.' She also said release conditions are normally used to protect witnesses or victims, to ensure someone appears in court, or to prevent a repeat offence, and that protest is not a criminal offence.
What did Toronto Police say about the charges and the release conditions?
In a statement to CityNews, Toronto Police Service said the accused were not charged for being at a protest, but for allegedly obstructing construction crews from completing their work and for interfering with officers. The charges are obstructing police and mischief interfering with property. TPS said it recognizes the right to peaceful protest. On the release conditions, TPS told CityNews: 'We won't comment on the specific conditions of release in individual cases. If there are concerns about the legality or appropriateness of those conditions, the courts are the appropriate forum to address them.'
What did the protest organizer say about the police response?
David Shellnutt, founding partner of The Biking Lawyer LLP and a lead organizer of the protests, told CityNews he considered the police response heavy-handed. He said police brought riot officers, mounted officers, bicycle officers and drones to the site. He said the taxpayer was 'getting it from all angles': paying for the bike lanes, paying for their removal, and paying for police to monitor the protests. He also said the arrests would not stop further demonstrations.
What happens next at University Avenue?
Shellnutt told CityNews that the province plans to remove bike lanes on University Avenue next, and said to expect thousands of cyclists there. He did not give a specific date. Ontario Transportation Minister Prabmeet Sarkaria has said the province will continue removing bike lanes on major Toronto arterial roads including Bloor Street, Yonge Street and University Avenue.
Where does the new mayor stand on the bike lane removals?
During his 2026 campaign, Mayor Brad Bradford said he would advocate to the province to restore local authority over bike lane decisions. He took office on November 15, 2026. As of the date this article was published, Bradford had not issued a public statement about the arrests or the Charter challenge. His campaign commitments are recorded at /on/toronto-2026/candidates/brad-bradford.
What stretch of Bloor Street West had its bike lanes removed before the arrests?
CityNews Toronto reported on October 30, 2026 that Ontario completed the removal of protected bike lanes on a 1.2-kilometre stretch of Bloor Street West between Clissold Road and Royal York Road in Etobicoke. The province removed precast curbs, delineators, signage and bus pads, and reinstated motor vehicle lanes in both directions along that corridor.
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