ONLINE ZOOM MEETINGS

We are going to explore the historical and social background of some of the intriguing, interesting and important legal cases which have had lasting impact on our society and affect our lives today. Each month we will have a presentation about some of these famous and fascinating cases, plus the opportunity to discuss legal current affairs. Legal issues and law cases will be based on current events and participants' interests.

DOES THE “PUBLIC TRUST DOCTRINE” APPLY IN CANADA’S CONSTITUTIONAL DEMOCRACY?

A recent Ontario case has given us the opportunity to discuss the Public Trust Doctrine (PTD) and its application in Canadian law.

The public trust doctrine is a legal principle declaring that there are certain public rights and natural resources that are so important that the government holds them in trust for the benefit of the public. The government holds such rights and resources, and has a duty to protect them, for the benefit of present and future generations.

The basis of this doctrine is that “some things are considered too important to society to be owned by one person” and that “everyone has the inherent and inalienable right to breathe clean air; to drink safe water; to fish and sail and recreate upon the high seas, navigable waters and the seashore”.

A key feature of the doctrine is that the public has a right to sue to enforce it. That is to say, the public can use the doctrine of public trust to force their governments to respect their own governmental obligations as a trustee.

Using the PTD, individuals and public interest organizations may challenge governments about the way they manage public resources.

Ontario Place Protectors v. Ontario, 2025 ONCA 183, has raised this concept in the context of the redevelopment of public park area.

Ontario Place is an urban park on the Lake Ontario waterfront. To facilitate its redevelopment by a private development company, the Ontario Legislature passed the Rebuilding Ontario Place Act, 2023. The Act exempts Ontario Place from regulation under the Environmental Assessment Act, and the Ontario Heritage Act, and from the City of Toronto’s authority to regulate noise. The Act also extinguishes causes of action and related remedies against the Crown and its agents that might otherwise arise out of the redevelopment of Ontario Place.

This means that the private developer and the government of Ontario can bypass all of Ontario’s laws regarding the environment, pollution regulations, planning and building regulations, City of Toronto bylaws, and laws protecting heritage lands, buildings and public parks, when redeveloping Ontario Place - plus have immunity from any legal claims arising from such redevelopment.

A citizen activist group called Ontario Place Protectors brought an application to challenge the constitutionality of the statute on the basis that: [1] the government has tried to take Ontario Place redevelopment entirely beyond the reach of provincial courts and judicial scrutiny; and [2] it has violated its obligation to the “public trust” by failing to protect this popular area on the Toronto waterfront historically enjoyed by all, and by giving control over it to a private developer, who does not have to comply with environment protection law, land use regulation, building codes, or municipal planning bylaws.

Ontario Place Protectors lost at trial and on appeal to the Ontario Court of Appeal. However on January 13, 2026 the Supreme Court of Canada granted leave to appeal. The court, as is customary, did not explain its decision to hear the case, but in granting leave to appeal the Supreme Court of Canada has the opportunity to consider and clarify:

• whether the public trust doctrine applies in Canada;
• if it does, whether Ontario Place should be considered a “public trust” the government has an overriding obligation to protect;
• what, if any, limits there are on the powers of legislatures to narrow or eliminate the opportunity for members of the public to challenge government policy in court;
• and, whether citizen groups like Ontario Place Protectors have a role in challenging public policy in the courts or instead should be denied standing.

This program is facilitated and presented by Jim Conway, CALL member & retired lawyer.

To join the group, or to attend a session you are interested in, please register with the facilitator. Drop–ins are also welcome.

Past Presentations