The Supreme Court of Canada is set to consider an appeal from a group challenging the legality of a law that paves the way for significant alterations at Ontario Place. This popular urban park, located along the Toronto waterfront and established in 1971, featured various attractions such as a theater showcasing movies on a large screen, play areas for children, and pavilions suspended over the water.
Ontario’s government intends to revamp Ontario Place by introducing a sophisticated spa managed by a private entity. The coalition known as Ontario Place Protectors has contested the constitutionality of the province’s Rebuilding Ontario Place Act, asserting that it shields governmental actions from judicial review, thus infringing upon the Constitution. They also argue that exemptions from environmental and heritage regulations, as well as municipal noise ordinances, represent a violation of public trust.
Previous legal challenges to these claims were rejected by lower courts. Justice Grant Huscroft, speaking on behalf of the Ontario Court of Appeal, emphasized that while there is substantial opposition to the government’s redevelopment plans, the courts are not the appropriate venue for resolving political disputes. The Court of Appeal upheld the decision that the contested provisions of the act do not contravene the law or the Constitution.
Following this ruling, the coalition sought permission to appeal to the Supreme Court. The top court, without providing specific reasons, has agreed to hear the case. A hearing date is yet to be scheduled but is anticipated to take place this year.
Eric Gillespie, the lawyer representing Ontario Place Protectors, expressed satisfaction with the Supreme Court’s decision to address the crucial issues raised by the case. Gillespie highlighted the potential ramifications of the provincial legislation on future projects, emphasizing the need to preserve legal frameworks. Meanwhile, Ontario Premier Doug Ford dismissed the group’s efforts as driven by extreme environmental concerns, emphasizing his commitment to the ambitious redevelopment of Ontario Place.