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OTTAWA – The Canadian Constitution Foundation (CCF) is appearing before the Supreme Court of Canada today to defend the power of elected legislatures to make and change laws without court interference in a challenge to the redevelopment of Ontario Place, a former amusement park on Toronto’s waterfront.

The hearing begins at 9:30 a.m. and the webcast can be accessed here.

In 2023, the Ontario government passed the Rebuilding Ontario Place Act (ROPA) to reduce costs for taxpayers and speed up redevelopment by exempting the project from certain environmental and heritage requirements. The law also limits some legal claims against the government arising from the project, while preserving access to judicial review and constitutional remedies.

Ontario Place Protectors, a group opposing the redevelopment, challenged the law, arguing that it violates section 96 of the Constitution Act, 1867, which provides for superior courts. The Ontario Court of Appeal rejected the challenge and in January 2026, the Supreme Court of Canada granted leave to appeal.

The CCF will argue that the ROPA respects the limits of section 96 because it preserves access to judicial review and constitutional remedies.

CCF Interim Executive Director Christine Van Geyn said the case has significant implications for democratic accountability and the ability of elected governments to carry out their mandates.

“Governing involves making tradeoffs, and democracy depends on elected representatives having the authority to make those decisions and answer to voters for the results. Expanding the court’s role in policymaking risks weakening that accountability,” said Van Geyn.

CCF Litigation Director Josh Dehaas said the legislation preserves the essential safeguard against unconstitutional government action.

“Not every political disagreement belongs in a courtroom,” said Dehaas. “Legislatures have the authority to change laws and limit certain lawsuits against the government. The Rebuilding Ontario Place Act exercises that authority while preserving the courts’ ability to protect Canadians’ constitutional rights.”

The CCF is represented in this case by Paul-Erik Veel and Jennah Khaled of Lenczner Slaght.