Both should be charged. As a driver, you can't operate with that level of carelessness. As a rider, you can't ride sidewalks not can you ride across the pedestrian crossing of an intersection.Cyclist should have been charged rather than the driver.
I love how easily that SUV jumped the median!
For those of you who don't live in Markham this might be shocking. I see this level of carelessness every single day with drivers, cyclists and pedestrians.