Saskatchewan’s Court of Appeal has dismissed an effort to revive a lawsuit challenging the provincial government’s expansion of fossil fuel-powered plants. Climate Justice Saskatoon, in collaboration with seven Saskatchewan residents, expressed disappointment over the court’s decision. The organization referred to the ruling as a setback but emphasized the ongoing necessity for climate justice.
According to Amy Snider, one of the plaintiffs in the case, the verdict has left her feeling frustrated. She criticized the province for continuing to emit more greenhouse gases than required by international and Canadian laws. Despite the outcome, Snider indicated her intention to use this experience as motivation to push the provincial government to take action on climate change.
In 2023, Climate Justice Saskatoon and seven residents filed a lawsuit against the province, SaskPower, and Crown Investments Corporation. The legal action alleged that the government’s expansion of fossil fuel-based electricity generation violated their Charter rights, exacerbating the effects of climate change. The group argued that the Canadian Charter of Rights and Freedoms should safeguard their rights to a secure climate.
The government sought to dismiss the case last year, a move supported by Regina Court of King’s Bench Justice Holli Kuski Basset. The judge’s ruling favored the government, stating that the claims in the lawsuit were not justiciable, meaning they could not be reviewed by a court. Climate Justice Saskatoon challenged this decision, leading to the recent Court of Appeal ruling.
The Court of Appeal, comprising a three-judge panel, upheld the decision to strike the lawsuit. Justices Jerome Tholl and Neal Caldwell agreed with the initial ruling, asserting that it was not within the court’s jurisdiction to dictate government policy on climate issues. Justice Julyne Drennan dissented, arguing in favor of allowing the lawsuit to proceed.
In response to the ruling, the Ministry of Justice expressed confidence in the court’s decision to dismiss the appeal. The government reaffirmed its commitment to defending its choices to ensure reliable and affordable power for the residents of Saskatchewan.
The judgment coincides with another climate-related lawsuit scheduled for arguments next week. The Saskatchewan Environmental Society initiated this legal action to challenge the government’s decision to extend the operation of coal-fired power plants beyond 2030. This decision sets Saskatchewan apart as the sole province in Canada opting to prolong the use of coal for electricity generation, contrary to the actions of other provinces like Ontario and Alberta.