---
title: "Lawyer for four people arrested at Bloor bike lane protests says no-protest release conditions violate the Charter"
description: "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."
canonical_url: "https://voche.me/on/toronto-2026/news/toronto-bike-lane-protest-arrests-charter-november-2026"
last_updated: "2026-11-04T15:54:53.494Z"
---

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](/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.

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