Supreme Court of Canada hears challenge to Ontario Place redevelopment law

The Supreme Court of Canada is hearing arguments from a coalition challenging the constitutionality of legislation that facilitates major changes at Ontario Place, a Toronto waterfront park that opened in 1971. The case, brought by the Ontario Place Protectors, centers on the province’s Rebuilding Ontario Place Act (ROPA).

The Coalition’s Legal Arguments

The Ontario Place Protectors argue that the Rebuilding Ontario Place Act insulates state action from court scrutiny, thereby violating the Constitution. The coalition contends that the legislation’s exemptions from environmental and heritage laws, as well as municipal noise regulations, constitute a breach of public trust.

According to the coalition, provincial superior courts possess historical and inherent jurisdiction to review laws and government actions under section 96 of the Constitution Act, 1867. They assert that the scope of the Rebuilding Ontario Place Act is unprecedented and appears to violate section 96 by removing the essential core powers of the courts. The group argues that the law severely limits or eliminates the ability of courts to hold Crown officials accountable through declaratory actions, damage awards, and injunctions when they act beyond their powers.

Additionally, the coalition is seeking to have the doctrine of public trust acknowledged as an unwritten constitutional principle rooted in English common law. They argue this doctrine maintains that natural and cultural assets are essential to public welfare and must be safeguarded by the state in its role as trustee.

Government and Court Responses

In their written submission to the Supreme Court, the Crown and the Ontario attorney general argue that the case should be dismissed. They state that the immunity provided by the provincial legislation does not go as far as the coalition alleges, noting: “(The act) does not make Ontario Place a lawless zone.”

The submission clarifies that the act immunizes the Crown, its servants, and agents from civil causes of action arising from specific circumstances. Regarding the public trust argument, the government states: “The novel doctrine articulated by the Appellant is not an unwritten constitutional principle, and even if such a doctrine existed in law, which is denied, there is no evidence in the record that could warrant applying this far-reaching new doctrine to Ontario Place.”

Previously, an Ontario judge dismissed the application in 2024, and the provincial Court of Appeal also ruled against the coalition. Writing for a unanimous Court of Appeal, Justice Grant Huscroft stated that while the redevelopment is strongly opposed by citizens, “there is no basis for the court to do so.” He wrote, “The court is not an alternative forum for resolving political grievances. The only legitimate question for the court is whether the impugned provisions of ROPA violate the law or the Constitution.”

Redevelopment Plans and Public Sentiment

The provincial government plans to redevelop Ontario Place to include an elaborate spa operated by a private company, a relocated Ontario Science Centre, revamped play and shoreline areas, a parking facility, and a provincial police detachment.

Margie Zeidler, daughter of Ontario Place architect Eberhard Zeidler and a member of the Ontario Place Protectors, described the park’s historical significance. “It was extraordinary. It was a public place,” she said. “You could have a picnic in the forest. You could watch films at Cinesphere. You could watch any musical performance at the forum.”

Zeidler stated that the government’s actions have shifted the focus of the dispute. “It became more, not about Ontario Place, but about, wait a minute, what democracy are we living in here?” she said. “I didn’t know governments could do that.”

Why it matters

The case has attracted submissions from various interveners, including several provinces, First Nations, civil liberties groups, and environmental organizations. The Supreme Court often reserves its decisions for a later date, meaning a ruling might not be issued until next year. The outcome will determine the legal boundaries of provincial legislation that restricts judicial review of government actions related to public assets.

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Sources

• ctvnews.ca: Ontario Place redevelopment: Top court hearing challenge
• bnnbloomberg.ca: Ontario Place redevelopment: Top court hearing challenge

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.