The Supreme Court of Canada will hear an appeal from a coalition challenging the constitutionality of legislation that opens the door to major changes at Ontario Place.
The urban park on the Toronto waterfront, opened in 1971, featured a theatre that showed movies on a huge screen, children’s play areas and several pavilions suspended above the water.
The Ontario government plans to redevelop Ontario Place to include an elaborate spa operated by a private company.
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 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 that there was no doubt that the government’s decision to redevelop Ontario Place is strongly opposed by a number of concerned citizens and organizations.
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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.
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“They do not, and the appeal must be dismissed.”
The coalition then sought leave to appeal from the Supreme Court.
The top court, following its usual practice, gave no reasons Thursday for agreeing to hear the case. No date for a hearing has been set, though it is likely to be this year.
Eric Gillespie, lawyer for Ontario Place Protectors, said the coalition is very pleased the Supreme Court has acknowledged the importance of the issues raised by the case and looks forward to a hearing.
Many people may not be aware of what the provincial legislation means for future projects, Gillespie said in a media statement.
“If you can essentially eliminate all laws for Ontario Place, there is now nothing preventing governments across Canada from doing this for anything else, including new expressways, airports, nuclear plants or any other government projects,” he said.
Ontario Premier Doug Ford said Thursday he didn’t know why the group is taking its case to the Supreme Court.
“I think it’s a bunch of crazy lefties that want to protect one tree or two trees or three birds,” he said at a news conference about another project.
“The Supreme Court wants to look at it. That’s fine. But I’ll tell you one thing: we’re building the most spectacular destination anywhere in the country, if not North America. It’s going to just be out of this world. And I can’t wait to get this finished.”
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