Supreme Court to weigh constitutionality of Ontario Place redevelopment legislation

Today the Supreme Court of Canada will consider arguments from the Ontario Place Protectors coalition contesting the Rebuilding Ontario Place Act, which facilitates a major redevelopment of the historic Toronto waterfront park. The coalition maintains that the legislation removes essential judicial oversight, violates section 96 of the Constitution Act, 1867, and contravenes the public-trust doctrine by exempting the project from environmental, heritage and municipal noise rules.

Lower courts in Ontario rejected the challenge, with Justice Grant Huscroft emphasizing that political disputes are not a proper role for the judiciary. The Crown and the Ontario attorney general argue the act simply limits civil actions against the Crown and does not create a lawless zone. Interveners, including other provinces, First Nations, and environmental and civil-liberties groups, have submitted briefs. A ruling is expected later, potentially shaping the balance between governmental development powers and court oversight.