Supreme Court to hear challenge of legislation for Ontario Place redevelopment

The Supreme Court of Canada has scheduled a hearing for Thursday to address a legal challenge to the constitutionality of legislation that would facilitate major changes at Ontario Place, a Toronto waterfront park established in 1971. The theme park once featured a spherical movie theatre, children’s play areas, a revolving concert stage, and several above-water pavilions.

Ontario's government aims to redevelop Ontario Place with an upscale spa, a relocated Ontario Science Centre, revamped shoreline areas, a parking facility, and a provincial police detachment. The coalition, Ontario Place Protectors, contested the provincial Rebuilding Ontario Place Act, claiming it shields state actions from judicial scrutiny and violates the Constitution.

The coalition also argued that exemptions from environmental, heritage, and municipal noise laws constitute a breach of public trust. An Ontario judge dismissed the application in 2024, and the provincial Court of Appeal refused to hear the challenge. The Court of Appeal's unanimous ruling stated that the court cannot act as an alternative forum to resolve political grievances; it can only determine if the challenged provisions of the Rebuilding Ontario Place Act breach the law or Constitution.

The coalition maintains that the Rebuilding Ontario Place Act's scope is unprecedented and potentially violates section 96 of the Constitution Act, 1867 by diminishing the courts' core powers. They also seek to acknowledge the "doctrine of public trust" as an unwritten constitutional principle, emphasizing that natural and cultural assets are vital to public welfare and must be protected by the state.

The Crown and the Ontario attorney general contend that the immunity provided by the provincial legislation does not extend as far as the coalition claims and that the doctrine of public trust is not an unwritten constitutional principle. The Supreme Court typically delays releasing its decisions, so a ruling on this case may not be issued until next year.