Court Action - Saskatchewan Climate Change Litigation
Saskatchewan Power Corporation, Crown Investments Corporation of Saskatchewan, and the Government of Saskatchewan will be challenged in court by Saskatchewan citizens who are deeply concerned about the impacts of dangerous climate change. Climate Justice Saskatoon and seven Saskatchewan residents, aged 15 to 80, filed an application at the Court of King’s Bench on March 31, 2023, claiming that government action to expand gas-fired electricity generation violates our Charter rights to life, security of person, and equality.
About the Applicants: |
About the Expert Witnesses: |
Donations
Climate Justice Saskatoon is accepting donations to support this legal action.
Donations can be made via etransfer to [email protected]
Donations can be made via etransfer to [email protected]
Latest Update (December 22, 2024)
Happy holidays! Much has transpired since the last update on our court case, both in Canada and around the world.
The Saskatchewan Climate Litigation team made submissions at a hearing on October 4, 2024, in Regina. We were responding to the Government of Saskatchewan’s and SaskPower’s separate applications to strike our pleadings. Justice Kuski Basset reserved her decision, and it may be several more months before a decision is released.
In the meantime, there have been many developments in the climate litigation space. Shortly after our hearing on October 4, the Ontario Court of Appeal overturned the decision in Mathur, sending the case to be re-heard. This is helpful because the appeal court determined that the issue should not be framed as a positive rights case. The government of Ontario clearly did not agree with that decision and they have filed an application to the Supreme Court of Canada on December 16, 2024. It is not clear yet if the SCC will hear the appeal or not. If it does, we may consider applying to intervene.
Many other things happened in December 2024:
We wish you all the best over the holiday season and look forward to 2025 and an acceleration of the transition toward clean energy and sustainability! All the best!
The Saskatchewan Climate Litigation team made submissions at a hearing on October 4, 2024, in Regina. We were responding to the Government of Saskatchewan’s and SaskPower’s separate applications to strike our pleadings. Justice Kuski Basset reserved her decision, and it may be several more months before a decision is released.
In the meantime, there have been many developments in the climate litigation space. Shortly after our hearing on October 4, the Ontario Court of Appeal overturned the decision in Mathur, sending the case to be re-heard. This is helpful because the appeal court determined that the issue should not be framed as a positive rights case. The government of Ontario clearly did not agree with that decision and they have filed an application to the Supreme Court of Canada on December 16, 2024. It is not clear yet if the SCC will hear the appeal or not. If it does, we may consider applying to intervene.
Many other things happened in December 2024:
- The Supreme Court of the State of Montana released its decision in the case of Held v Montana. The Court decided that Montana citizens’ constitutional right to a clean and healthful environment includes a stable climate system. The state argued that its emissions were such a small proportion of global emissions that it had a negligible effect on climate change. The Montana court rejected the “small contribution” to GHGs from the state and said it was irrelevant that Montana only makes a relatively small contribution to global emissions. Similarly, Saskatchewan is not too small to be held accountable for its high per capita GHG emissions.
- The Federal Court of Canada has confirmed that the youth-led climate lawsuit, La Rose v His Majesty the King, will proceed to an 8-week trial, set to begin on October 26, 2026 in Vancouver, BC. The plaintiffs argue that the federal government of Canada is exacerbating the climate crisis, which is already causing significant harm to young people.
- The International Court of Justice held hearings on the obligations of States with respect to climate change from Dec 2 – Dec 13 2024. This case commenced in the spring of 2023 when the United Nations General Assembly, adopted resolution 77/276 entitled “Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change.” One of the expert witnesses in our Saskatchewan climate case, Dr. James Hansen, testified at the International Court of Justice in The Hague, Netherlands. A summary of his testimony can be found here: https://www.columbia.edu/~jeh1/mailings/2024/ICJ.PressBriefing.09December2024.pdf
- The Federal Government released the Clean Electricity Regulations (CERs) on December 18, 2024. Immediately afterward, the Alberta government promised to challenge the CERs in court and Saskatchewan is considering joining this court challenge. Saskatchewan has recently demonstrated that it doesn’t always obey the law: Saskatchewan already refuses to remit and collect pollution prices on natural gas and Saskatchewan intends to break the coal fired equivalency agreement and run the coal generators beyond 2030 potentially to 2042. Now that the CERs have been proclaimed, it appears that Saskatchewan may refuse to comply with these regulations too. Saskatchewan Minister Harrison has called the CERs “unconstitutional.” Those involved in our Saskatchewan climate litigation project know that we must replace fossil fuel energy with clean energy as soon as possible. The CERs are a critical step to replacing fossil energy with clean energy and the objectives of the CERs support the relief the applicants are seeking in Dykstra et al v SaskPower et al.
We wish you all the best over the holiday season and look forward to 2025 and an acceleration of the transition toward clean energy and sustainability! All the best!
Update (September 20, 2024)
October 4 special hearing will proceed as scheduled starting at 10am in Regina at Court of King's Bench. We will be arguing our application to amend our pleadings and the applications to strike the pleadings from SaskPower and the government.
Update (September 6, 2024)
The legal team has been busy working on this action during the summer months of July and August. In addition, we received two decisions in August: the first on August 8 from Justice Chow who denied the Saskatchewan Environmental Society’s request to intervene in the Strike Applications. Justice Chow adjourned the application to intervene on the Originating Application proper sine die (which means indefinitely). We anticipate that if we can successfully defend the Strike Applications, that the Saskatchewan Environmental Society would re-apply to intervene.
The second decision was from the Chief Justice Popescul on August 29, where he denied our request for case management. We applied for case management seeking to firm up a schedule for the case and to address whether we needed to seek leave of the court to amend our pleadings as we had proposed (filed with court) on May 31, 2024. Unfortunately, there is some confusion now on whether our amended pleadings are allowed without permission from the court. This has prompted the legal team to make an expedited Chambers application seeking leave from the court to amend the pleadings as served and filed May 31, 2024. We tentatively expect to appear in court on September 17, 2024, for this application.
Finally, the legal team worked diligently to finalize our brief of law in response to the Strike Applications served on us by both the Government of Saskatchewan and the Respondent Crown (SaskPower and the Crown Investment Corporation). Linked below is a copy of our brief of law in response to the Strike Applications. It is worth reading if you are interested in the legal argument we will be making. The Strike Application hearing is currently scheduled to be heard at a special hearing in Regina on October 4, 2024. We are ready to argue these Strike Applications and believe we have a strong legal position that we will advance vigorously because our planet depends on it!
The second decision was from the Chief Justice Popescul on August 29, where he denied our request for case management. We applied for case management seeking to firm up a schedule for the case and to address whether we needed to seek leave of the court to amend our pleadings as we had proposed (filed with court) on May 31, 2024. Unfortunately, there is some confusion now on whether our amended pleadings are allowed without permission from the court. This has prompted the legal team to make an expedited Chambers application seeking leave from the court to amend the pleadings as served and filed May 31, 2024. We tentatively expect to appear in court on September 17, 2024, for this application.
Finally, the legal team worked diligently to finalize our brief of law in response to the Strike Applications served on us by both the Government of Saskatchewan and the Respondent Crown (SaskPower and the Crown Investment Corporation). Linked below is a copy of our brief of law in response to the Strike Applications. It is worth reading if you are interested in the legal argument we will be making. The Strike Application hearing is currently scheduled to be heard at a special hearing in Regina on October 4, 2024. We are ready to argue these Strike Applications and believe we have a strong legal position that we will advance vigorously because our planet depends on it!
| brief_of_law_strike_applications_august_28_2024.pdf |
| case_management_fiat_august_29_2024.pdf |
Strike Applications (filed September 2023)
| pldg_-_notice_of_application_-_2023_sep_23.pdf |
| notice_of_application_on_behalf_of_the_government_of_saskatchewan_dated_september_14_2023.pdf |
Update (August 8, 2024)
The SES Intervention decision was issued from the court of King's Bench on August 8, 2024.
| kbg-rg-00848-2023_-_ruling.pdf |
Update (June 3, 2024)
On Friday, May 31, 2024, filed an Amended Originating Application in response to the Government of Saskatchewan and SaskPower’s Applications to Strike the claim. The Applications to Strike are tentatively scheduled to be heard on October 4, 2024, pending the decision of the judge on the April 5, 2024, Application to Intervene by the Saskatchewan Environmental Society and provided that the parties can get all materials filed to be ready to argue the strike applications.
The Amended Originating Application was revised to correct a few errors, but principally was amended to describe the section 7 right to life and security claims and the infringements on the principles of fundamental justice.
It is anticipated that the respondents may wish to amend their applications to strike and their briefs of law. The applicants will also need to prepare a brief of law in response.
The Amended Originating Application may be found here:
The Amended Originating Application was revised to correct a few errors, but principally was amended to describe the section 7 right to life and security claims and the infringements on the principles of fundamental justice.
It is anticipated that the respondents may wish to amend their applications to strike and their briefs of law. The applicants will also need to prepare a brief of law in response.
The Amended Originating Application may be found here:
| final_amended_application_may_31_2024.pdf |
Update (April 2, 2024)
This week on Friday, April 5, at 10AM the Saskatchewan Climate Litigation Action will be in court in Regina arguing the Saskatchewan Environmental Society's (SES) application to intervene at a special chambers hearing at the Court of King's Bench. A copy of the SES intervention application and supporting affidavit are linked below - this will be the subject of the hearing on April 5, 2024.
As chambers hearings are "open court" and this climate litigation is a matter of public interest - i.e. how our Charter rights are impacted by government action that exacerbates dangerous climate change, we invite people to attend the hearing. This hearing is only to address the preliminary matter of whether the SES should be granted status as an intervenor, but we anticipate hearing oral arguments from SES, from the government lawyers, from the SaskPower and CIC lawyers, and from the legal team for the main applicants on the Originating Application (7 individuals and Climate Justice Saskatoon).
As chambers hearings are "open court" and this climate litigation is a matter of public interest - i.e. how our Charter rights are impacted by government action that exacerbates dangerous climate change, we invite people to attend the hearing. This hearing is only to address the preliminary matter of whether the SES should be granted status as an intervenor, but we anticipate hearing oral arguments from SES, from the government lawyers, from the SaskPower and CIC lawyers, and from the legal team for the main applicants on the Originating Application (7 individuals and Climate Justice Saskatoon).
| p_-_24_02_12_-_notice_of_application.pdf |
| p_-_24_02_14_-_affidavit_of__halliday.pdf |
Update (Nov 16, 2023)
Our court case was filed in April of 2023 and after several months of delays by the respondent government and SaskPower, we now have a hearing date for the first stage of the action. On April 5, 2024, there will be a special hearing to consider the applications to strike our action that have been filed separately by the government and SaskPower. We anticipate that they will be serving our lawyers with their materials on or before February 5, 2024, and we will have to file a response brief by March 5, 2024.
Our action is asking the court to consider if our Charter rights to life, security of person, and equality rights for young people are being violated when SaskPower builds new gas generation plants that will exacerbate dangerous climate change. Climate Justice Saskatoon, along with many reputable energy analysts, knows building new fossil fuel infrastructure is incompatible with a net zero future. Furthermore, as countries around the world move to price pollution, gas generation is also anticipated to be more expensive than clean renewable energy.
You can help. SaskPower’s ongoing consultation process is cast as a “conversation about Saskatchewan’s power future.” Please visit their website and offer your thoughts about our future supply to 2030 and beyond: https://engage.saskpower.com/hub-page/future-supply-plan-2030-and-beyond. One of the most important things we need to do to stop dangerous climate change is to stop burning fossil fuels. That is why we need to decarbonize our electricity as soon as possible, so that there is a clean alternative energy source to replace our addiction to polluting fossil fuels.
Our action is asking the court to consider if our Charter rights to life, security of person, and equality rights for young people are being violated when SaskPower builds new gas generation plants that will exacerbate dangerous climate change. Climate Justice Saskatoon, along with many reputable energy analysts, knows building new fossil fuel infrastructure is incompatible with a net zero future. Furthermore, as countries around the world move to price pollution, gas generation is also anticipated to be more expensive than clean renewable energy.
You can help. SaskPower’s ongoing consultation process is cast as a “conversation about Saskatchewan’s power future.” Please visit their website and offer your thoughts about our future supply to 2030 and beyond: https://engage.saskpower.com/hub-page/future-supply-plan-2030-and-beyond. One of the most important things we need to do to stop dangerous climate change is to stop burning fossil fuels. That is why we need to decarbonize our electricity as soon as possible, so that there is a clean alternative energy source to replace our addiction to polluting fossil fuels.
Update (Oct 6, 2023)
I met with the lawyers for the SK Government and SaskPower on Sept 29, 2023, over video conference. Counsel for the government has since reached out to the Regina, SK Court Registrar and booked us for a special hearing on the Applications to Strike our action. It has been confirmed that March 8, 2024 is our first special hearing date to argue the Applications to Strike.
We were served with applications to strike our action on September 14 (one from the govt, and one from SaskPower). We then agreed to two consent orders (virtually identical, but required for each separate Application) to schedule the timeline for written submissions and a special hearing. The materials proposing this special hearing and schedule for filings have now all been filed to the court. Based on the timelines in the Consent Order, that would mean that the briefs of law from the government and SaskPower would be due by January 1, 2024, and our brief of law due on February 1, 2024.
If we are successful, the applications to strike will be dismissed and that will move our main action forward to be heard on its full merits and evidence. I anticipate that the judge will reserve a decision after oral submissions in March 2024, and we may not know whether we are successful on the applications to strike until May or June of 2024 (though I suppose it is possible that the decision may be delayed longer than that).
We were served with applications to strike our action on September 14 (one from the govt, and one from SaskPower). We then agreed to two consent orders (virtually identical, but required for each separate Application) to schedule the timeline for written submissions and a special hearing. The materials proposing this special hearing and schedule for filings have now all been filed to the court. Based on the timelines in the Consent Order, that would mean that the briefs of law from the government and SaskPower would be due by January 1, 2024, and our brief of law due on February 1, 2024.
If we are successful, the applications to strike will be dismissed and that will move our main action forward to be heard on its full merits and evidence. I anticipate that the judge will reserve a decision after oral submissions in March 2024, and we may not know whether we are successful on the applications to strike until May or June of 2024 (though I suppose it is possible that the decision may be delayed longer than that).
Update (June 8, 2023)
Our first court date was scheduled to be May 4, 2023, but it was adjourned at the request of opposing counsel to June 6, 2023 (we consented to that adjournment). On June 6, 2023, we only argued the preliminary application to have our minor applicant, Ms. Sabrina Dykstram, who is 15 years old, to be granted standing to participate in this action as though she is an adult. We presented our argument as to why Ms. Dykstra should be granted leave of the court, but the court yesterday reserved its decision (meaning it is likely to issue within a few weeks). We did state to the court that the Applicants are interested in keeping this action moving forward because we are in a climate emergency, but we acknowledge that the court process can take time.
There is now no return date to court for our action scheduled, but we have meetings scheduled with opposing counsel in July and August to try reach an agreement as to the form and procedure of this matter as we want it to proceed in an expedient manner that makes efficient use of the Court's time. Afterall, we are in a climate emergency and the Applicants position is that we need to pursue this action with the ambition and focus it rightly deserves.
Our court file number is KB 848 of 2023 at the judicial centre of Regina. We would encourage you to read our application and affidavit evidence of the applicants directly. Their stories are compelling and attest to the harms already being experienced by dangerous climate change here in Saskatchewan.
There is now no return date to court for our action scheduled, but we have meetings scheduled with opposing counsel in July and August to try reach an agreement as to the form and procedure of this matter as we want it to proceed in an expedient manner that makes efficient use of the Court's time. Afterall, we are in a climate emergency and the Applicants position is that we need to pursue this action with the ambition and focus it rightly deserves.
Our court file number is KB 848 of 2023 at the judicial centre of Regina. We would encourage you to read our application and affidavit evidence of the applicants directly. Their stories are compelling and attest to the harms already being experienced by dangerous climate change here in Saskatchewan.
Update (May 17, 2023)
Our initial court appearance has been delayed and will now take place in Regina on June 6, 2023.
The public discussion on our shared power future is growing. This is important, perhaps more important than the work in the courtroom because we are in a climate emergency. The federal environment minister was interviewed on May 16 on CBC radio discussing the opportunities associated with a net zero electrical grid by 2035: https://www.cbc.ca/listen/live-radio/1-88-saskatoon-morning/clip/15985055-the-premier-says-saskatchewan-hit-net-zero-2035.-the
The public discussion on our shared power future is growing. This is important, perhaps more important than the work in the courtroom because we are in a climate emergency. The federal environment minister was interviewed on May 16 on CBC radio discussing the opportunities associated with a net zero electrical grid by 2035: https://www.cbc.ca/listen/live-radio/1-88-saskatoon-morning/clip/15985055-the-premier-says-saskatchewan-hit-net-zero-2035.-the
Media Release - April 14, 2023
Citizens file application to halt SaskPower’s expansion of gas fired generation
| media_release_-_sk_decarbonization_future_cjs_rev_april_14_2023.pdf |
| issued_-_originating_application.pdf |
Saskatoon, SK. April 14, 2023 - Saskatchewan Power Corporation, Crown Investments Corporation of Saskatchewan, and the Government of Saskatchewan will be challenged in court by Saskatchewan citizens who are deeply concerned about the impacts of dangerous climate change. Climate Justice Saskatoon and seven Saskatchewan residents, aged 15 to 80, filed an application at the Court of King’s Bench on March 31, 2023, claiming that government action to expand gas-fired electricity generation violates our Charter rights to life, security of person, and equality.
SaskPower is currently building a new gas-fired electricity plant near Moose Jaw and is planning to build another near Lanigan, SK. The current provincial Management and Reduction of Greenhouse Gas Regulations permit SaskPower to increase its greenhouse gas (GHG) emissions, thereby accelerating dangerous climate change. Saskatchewan has the highest GHG emissions per capita in Canada and according to the Supreme Court of Canada and our Saskatchewan Court of Appeals, we face an existential threat to the future of all life on this planet caused by ongoing GHG emissions.
Dangerous climate change is upon us and is made worse by these inexcusable actions by our government and SaskPower. The applicants argue our Charter rights are violated and that the government has a duty to mitigate its emissions. The applicants are asking the Court to order SaskPower to set a reasonable target to decarbonize and achieve Net-zero emissions as soon as possible.
This Court application should provide helpful clarification for all parties and spur important dialogue about our shared power future.
For more information contact:
Email: [email protected] or [email protected]
SaskPower is currently building a new gas-fired electricity plant near Moose Jaw and is planning to build another near Lanigan, SK. The current provincial Management and Reduction of Greenhouse Gas Regulations permit SaskPower to increase its greenhouse gas (GHG) emissions, thereby accelerating dangerous climate change. Saskatchewan has the highest GHG emissions per capita in Canada and according to the Supreme Court of Canada and our Saskatchewan Court of Appeals, we face an existential threat to the future of all life on this planet caused by ongoing GHG emissions.
Dangerous climate change is upon us and is made worse by these inexcusable actions by our government and SaskPower. The applicants argue our Charter rights are violated and that the government has a duty to mitigate its emissions. The applicants are asking the Court to order SaskPower to set a reasonable target to decarbonize and achieve Net-zero emissions as soon as possible.
This Court application should provide helpful clarification for all parties and spur important dialogue about our shared power future.
For more information contact:
Email: [email protected] or [email protected]
