SASKATOON, Sask. — Seven Saskatchewan residents and Climate Justice Saskatoon have filed an application to appeal their case (Dykstra et al. v. Saskatchewan Power Corporation et al) to the Supreme Court of Canada following a divided Saskatchewan Court of Appeal decision that dismissed their case on Sept.10.
This application asks the Supreme Court to decide only the issue of justiciability, not whether the charter guarantees a right to a healthy environment or a stable climate. The group is asking the court to clarify the legal standards that determine whether their charter claims can proceed to a hearing on the merits.
Clarification on justiciability is important not only for climate litigation, but for all Canadians seeking to hold governments accountable for actions they believe violate their constitutional rights, according to Climate Justice Saskatoon. The organization says the charter establishes fundamental rights and freedoms that apply across Canada. Its protections should not depend on which province a person lives in or on the legislation a provincial government has enacted, CJS says.
Saskatchewan courts have ruled certain charter claims depend on provincial legislation. This would narrow charter protections in Saskatchewan and could allow constitutional protections to vary from province to province, states Climate Justice Saskatoon. According to CJS, the charter should continue to be understood as Canada’s supreme law and applied consistently throughout the country.
For more information about the case, see here.
