SASKATOON, Sask. — The three-member panel of the Saskatchewan Court of Appeal has reserved its decision on the joint legal challenge filed by two environmental groups and three individuals over the provincial government’s plan to extend the use of coal power plants beyond 2030.
The Saskatchewan Environmental Society (SES) and co-appellants Kiké Dueck, Sherry Olson, Matthew Wiens and the organization Citizens for Public Justice filed the appeal. On Tuesday, Sept. 15, Glen Wright, representing the group, appeared before the judges to make their case.
Tuesday’s proceedings focused mainly on whether the courts can review the provincial government’s decision to extend the use of conventional coal-fired power plants, particularly when the alleged conflicts with federal regulations have not yet occurred.
The judges argued that no evidence currently shows the province is violating the federal coal regulations. Wright, however, said that the coal decision is virtually certain to result in a violation during a future compliance period unless a new agreement changes the applicable emissions limits.
Another key issue was whether a future or prospective violation can provide sufficient legal grounds for judicial review. The argument presented was that government decisions must comply with existing legal limits and that a decision should not be immune from review simply because of future legal consequences.
Wright told SaskToday that they believe the provincial government could conflict with federal coal regulations as early as Jan. 1, 2027, if the province and Ottawa do not reach a new equivalency agreement. The federal deadline to phase out coal-fired power plants is Dec. 31, 2030.
Wright said the current agreement expires at the end of 2026 and acknowledged there is no evidence the law has been broken yet. However, he clarified that the Saskatchewan government is moving toward a potential conflict with federal requirements.
“We are on a path that puts us in direct conflict with the federal laws, and they could be broken as early as Jan. 1, 2027,” said Wright, adding that a new equivalency agreement would require public consultation and a review and comment period under the Canadian Environmental Protection Act.
He said a draft agreement could be expected within about six weeks if the federal government agrees to offer one, but it remains unclear whether Ottawa will. He then criticized Saskatchewan’s position on the federal Clean Electricity Regulations.
“I think that’s a very dangerous position for the government to be relying on,” said Wright, adding that the province believes Ottawa has no authority over electricity generation in Saskatchewan and that existing case law involving the Canadian Environmental Protection Act contradicts that position.
On the cost of extending the operation of Saskatchewan’s coal-fired power plants, Wright said the applicants do not know what information the government used to make its decision and are seeking that information through their legal challenge.
“We want them to show their work, show us why you’ve made such a radical departure from the previous, you know, more than 10 years of planning to phase out coal,” said Wright, who cited studies by organizations and researchers estimating the costs of continuing to use coal power plants.
“We’ve got four different sources that have all done their homework, and all say that this coal decision is likely the most expensive decision of any of our options to deal with future power generation,” said Wright.
He cited studies by the Pembina Institute, the C.D. Howe Institute and University of Regina economics professor Brett Dolter, who estimated the costs of continuing with coal generation. He questioned the decision in light of affordability concerns identified through previous SaskPower public consultations.
“The court’s got a lot of hard work to do there, so we have to respect them,” Wright said, adding that the Saskatchewan Court of Appeal reserved its decision and the ruling could take several months.
The government, in a statement, said it decided to extend the operation of the province’s coal fleet through the lens of affordability and reliability. It declined to comment further, saying it left the matter to the court.
“The government argued that the extension of SaskPower’s coal-fired power stations is a core policy decision of elected government that is not amenable to judicial review. The Government of Saskatchewan will continue to defend its decisions — made in the best interests of Saskatchewan residents — to ensure reliable and affordable power for our province.”
