WHAT: BCCLA to intervene in Ontario Place Protectors v. Ontario and Attorney General of Ontario to argue that legislation that creates absolute immunity for misfeasance in public office impairs the core jurisdiction of superior courts.  

WHEN: October 15, 2026, 6:30 am PDT / 9:30 am EDT  

WHERE: Supreme Court of Canada, live webcast available 

Ottawa, ON / unceded Anishinabe Algonquin Territory – The BC Civil Liberties Association (BCCLA) will present oral arguments as an intervener at the Supreme Court of Canada in Ontario Place Protectors v. Ontario and Attorney General of Ontario — a pivotal constitutional case that will impact democratic accountability and access to justice across the country.  

In 2023, Ontario passed the Rebuilding Ontario Place Act (“ROPA”) to fast-track the Ontario Place redevelopment project. Section 17 of ROPA eliminates causes of action, bars proceedings, and denies any remedy under any of Ontario’s more than 1200 statutes and associated Regulations. The only exceptions are judicial review and Aboriginal or Treaty rights claims under section 35 of the Constitution Act, 1982.  

BCCLA is intervening to argue that legislation that creates absolute immunity for misfeasance in public office or the bad faith misuse of public powers impairs the core supervisory jurisdiction of the superior courts, is unconstitutional and violates the rule of law. In doing so, BCCLA will highlight the historical significance of the superior courts’ role in guarding against abuses of power by public officials. 

This case presents a crucial opportunity to stifle the growing trend among governments attempting to avoid legal scrutiny by pre-emptively overriding existing statutes.  

BCCLA is represented by Brodie Noga, Emma Wall, and Nathan Surkan of JFK Law LLP 

Read our factum here.