REGINA – Plaintiffs and their supporters say they are disappointed after a Court of King’s Bench ruling to strike down their lawsuit against the government’s move to expand natural gas-fired electricity.
The court made its ruling on Oct. 10 to grant the Government of Saskatchewan and SaskPower’s application to strike the claim in Dykstra, Sabrina et al v Saskatchewan Power Corporation et al. The litigation was brought by Climate Justice Saskatoon and a number of individuals and has been ongoing since 2023.
Plaintiffs had argued that the government action to expand natural gas-fired electricity generation violated their Charter rights to life, security of person, and equality. The ruling means the court will not hear the case.
In a statement, Climate Justice Saskatoon said it is “disappointed by the decision from the Court of King’s Bench, which granted the Government of Saskatchewan and SaskPower’s motions to strike our climate lawsuit.”
“We joined this legal action to stand with other people, young and old, to challenge government actions that are worsening the climate crisis. This case was an effort to affirm that our constitutional rights to life and security of person apply to government actions that accelerate dangerous climate change and its harmful impacts.”
They added that while the decision is a setback, “it does not change the urgent need for climate justice in Saskatchewan.” They said that with their legal counsel, they are reviewing the court’s decision and discussing possible next steps including avenues for appeal or further legal action.
“This is just one part of a much larger movement, and we will continue to push for systemic change through advocacy, public engagement, and solidarity with communities working to prevent climate breakdown.”
The Saskatchewan Environmental Society had been one of the intervenors in the litigation and they expressed disappointment at the ruling. They said in a news release that they had planned to offer up testimony from two leading experts on energy transitions, but that will not go ahead with the ruling.
“This is a deeply disappointing outcome,” said their President, Margret Asmuss, in a news release. “This case raises urgent and fundamental questions about climate change and human rights. We believe it should have been heard in full.”
This was just one of the legal challenges faced by the province over their energy transition plans. Saskatchewan Environmental Society are among the litigants in another lawsuit challenging the province’s move to keep coal-fired plants operating beyond 2030. That litigation is still before the courts.
