Supreme Court hears challenge of law clearing path for Ontario Place redevelopment

OTTAWA — The Supreme Court of Canada plans to hear arguments today from a coalition challenging the constitutionality of legislation that smooths the way for major changes at Ontario Place. The case unfolding in Canada’s top court could reverberate far beyond the Toronto waterfront park that opened in 1971. Over the years, the theme park featured a spherical theatre that showed movies on a huge screen, children’s play areas, a revolving concert stage and several pavilions suspended above the water.

The provincial government wants 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. The coalition Ontario Place Protectors challenged the province’s Rebuilding Ontario Place Act on the basis that it insulates state action from scrutiny by the courts and therefore violates the Constitution. The coalition also argued that exemptions from environmental and heritage laws and municipal noise regulations amount to a breach of public trust.

An Ontario judge dismissed the application in 2024 and a challenge of the ruling in the provincial Court of Appeal was also unsuccessful. Writing on behalf of a unanimous Court of Appeal, Justice Grant Huscroft said there was no doubt that the provincial government’s decision to redevelop Ontario Place is strongly opposed by a number of concerned citizens and organizations. Political opposition to the plan has not swayed the government and the coalition has turned to the court in an effort to stop it, Huscroft said.

“But there is no basis for the court to do so. 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,” he wrote.

“They do not, and the appeal must be dismissed.” In January, the Supreme Court agreed to hear the Ontario Place Protectors’ case. The coalition says provincial superior courts have historical and inherent jurisdiction to review laws and government actions protected under section 96 of the Constitution Act, 1867, and to provide effective remedies when governments do not respect the limits on their powers. The coalition says the Rebuilding Ontario Place Act’s scope is unprecedented and appears to violate section 96 b…