Legal action targets sweeping undemocratic Cabinet powers under Special Economic Zones Act
Toronto | Traditional territories of the Mississaugas of the Credit, the Anishinaabeg, the Haudenosaunee, and the Wendat – A coalition of public interest and environmental organizations has launched a constitutional challenge to one of Ontario’s most controversial new laws, warning it creates “lawless zones” where legal rights, protections, and accountability give way to Cabinet discretion.
Ecojustice, on behalf of Democracy Watch, Environmental Defence Canada, Friends of the Earth Canada, and Wildlands League, announced today that it has commenced a court challenge to Ontario’s Special Economic Zones Act (SEZA).
Advocates say the result is an alarming bypassing of Ontario’s democratic system.
The government can pick winners, draw a boundary on a map, and decide that inside it, the rules no longer apply. Safeguards people rely on — for clean air, safe water, and a say in decisions — simply disappear, says the coalition.
“This case is about whether Ontario is governed by laws passed through public legislative debate or behind closed doors by Cabinet members picking and choosing,” said Lindsay Beck, Ecojustice lawyer.
“The Premier and his cabinet now have unfettered power to exempt any person or business they like (“trusted proponents” and “designated projects”) from any provincial or municipal law they choose, in as much of the province as they like (“special economic zones”), for any purpose, and based on whatever criteria they themselves decide.” said Phil Pothen, Counsel with Environmental Defence.
“The law is dangerously undemocratic as it gives the Doug Ford cabinet unconstitutional, king-like powers to change any law without a review or vote of approval by Ontario’s legislature,” said Duff Conacher, Co-founder of Democracy Watch.
The coalition argues the law violates the Constitution by concentrating law- making authority in the Cabinet, bypassing the Legislature. They warn it opens the door to environmental harm, weakened oversight, reduced public participation, and corruption. Environmental assessments, labour laws, and health and safety requirements could all be set aside for designated projects and proponents.
The Premier has already indicated he would like to use these extreme powers to pave the path the way for development including building a tunnelled expressway under Highway 401, expediting mining in northern Ontario, building nuclear power generating stations; a deep-sea port in James Bay; and massive expansion to the GO Train system, among others.
“Doug Ford is doing what Donald Trump does, opening the door for corrupt backroom deals.” said Beatrice Olivastri, CEO, Friends of the Earth Canada. “Bill 5 gives billionaires free reign to pollute. No one will be enforcing environmental laws that protect vulnerable people and their communities from toxic dumps, dirty air, and overuse and contamination of water and land.
The challenge comes as recent polling shows a majority of Ontarians believe the government is failing to protect key aspects of daily life, including housing, health care, and affordability.
Advocates say the Special Economic Zones Act reflects a broader trend — one where democratic processes are weakened, and environmental safeguards are treated as obstacles rather than protections.
“When vital safeguards are recklessly sacrificed to create private profits for proponents, we all pay the price,” says Anna Baggio, Conservation Director of Wildlands League. “This new law is the culmination of years of attacks on threatened wildlife, our natural world and treating the environment, Indigenous rights and public consultation as red tape,” Baggio adds.
The applicants are asking the court to strike down the law and reaffirm a core democratic principle: laws must be made openly, by elected representatives — not quietly, by executive decree.
The case is expected to have implications beyond Ontario, as governments across Canada consider similar “fast-track” legislation.
Timeline
- Early 2025: Bill 5 introduced as an economic measure
- Spring 2025: Widespread criticism from environmental, Indigenous, and civil society coalitions
- June 5, 2025: Bill 5 receives Royal Assent; SEZA becomes law
- Late 2025: Draft regulations released; concerns remain about lack of limits
- Jan 1, 2026: Regulation comes into force
- April 2026: Constitutional challenge launched
ABOUT ENVIRONMENTAL DEFENCE (environmentaldefence.ca): Environmental Defence is a leading Canadian advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.
Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.
Democracy Watch is Canada’s leading organization advocating democratic, good government, government accountability and bank accountability reforms.
Environmental Defence (environmentaldefence.ca): Environmental Defence is a leading Canadian advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.
Friends of the Earth Canada is the Canadian member of Friends of the Earth International, the world’s largest grassroots environmental network campaigning on today’s most urgent environmental and social issues.
Wildlands League (wildlandsleague.org): We are one of Canada’s pre-eminent conservation organizations, collaborating with communities, governments, Indigenous Peoples, scientists and progressive industry to protect nature and find solutions that work for the planet and for all.
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For more information or to request an interview, please contact:
Lauren Thomas, Environmental Defence, lthomas@environmentaldefence.ca
