The Supreme Court of Canada has agreed to review an appeal from a coalition challenging the constitutionality of a law that paves the way for significant changes at Ontario Place. The urban park, situated on 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 several pavilions overlooking the water.
The Ontario government’s redevelopment plans for Ontario Place include the addition of a luxurious spa operated by a private entity. The coalition, known as Ontario Place Protectors, has contested the Rebuilding Ontario Place Act, arguing that it shields governmental actions from judicial oversight, thus breaching the Constitution. They further claim that exemptions from environmental and heritage regulations, as well as municipal noise ordinances, undermine public trust.
Despite previous dismissals by lower courts, the coalition persisted in challenging the legislation. Justice Grant Huscroft, speaking on behalf of the Ontario Court of Appeal, acknowledged the opposition to the government’s redevelopment decision but emphasized that the court’s role is not to address political disagreements. The Court of Appeal unanimously upheld the dismissal of the challenge, prompting the coalition to seek permission to appeal from the Supreme Court.
In response, the Supreme Court, without providing reasons, has agreed to hear the case, with a hearing likely to take place later this year. Eric Gillespie, the lawyer representing Ontario Place Protectors, expressed satisfaction with the Supreme Court’s acknowledgment of the case’s significance and anticipated the upcoming proceedings. Gillespie highlighted the potential ramifications of the provincial legislation on future projects, cautioning against the erosion of legal safeguards.
Ontario Premier Doug Ford dismissed the coalition as “crazy lefties” for pursuing the matter in the Supreme Court. Ford defended the Ontario Place redevelopment project, labeling it as a transformative venture that will enhance the region’s appeal.