SASKATOON, Sask. — The Saskatchewan Environmental Society (SES) and its co-appellants said they respect the decision rendered by the Saskatchewan Court of Appeal on their joint legal challenge over the provincial government’s plan to extend the use of coal power plants beyond 2030.
The court, on Monday, Oct. 19, ruled against SES, Citizens for Public Justice and individual applicants Kiké Dueck, Sherry Olson and Matthew Wiens in their challenge to the Saskatchewan government’s decision to refurbish and extend the operation of coal-fired power plants beyond the federal phase-out deadline of Dec. 31, 2029.
The court said the legal challenge to the government’s plan to keep coal-powered plants operating beyond 2030 cannot proceed at this stage because no legal violation has yet occurred. The appellants said they will meet with their counsel and consider their next steps after the ruling.
In a statement, the government said the Court of Appeal agreed with its position and the original Court of King’s Bench decision on the issue. It said extending the life of Saskatchewan’s coal-fired power plants is necessary to ensure the reliability, affordability and security of the power grid in the province.
“Saskatchewan remains committed to the goal of a net zero power grid by 2050. This will be achieved by an ‘all of the above’ approach to generating electricity which will include nuclear power and new renewable power generation,” said the government’s statement.
SES environmental policy director Peter Prebble, however, said the court’s decision leaves unanswered the central question of whether Saskatchewan’s plan to extend the operation of its coal-fired power plants will ultimately comply with federal law.
“The decision is one in which the court is not assessing or has not made a decision on the merits of our case. The Court of Appeal has decided that this is not a matter for the courts to decide. It’s a matter for the legislature to decide,” Prebble told SaskToday.
Their case challenges the Saskatchewan government’s June 2025 decision to refurbish and extend the operating lives of conventional coal-fired power plants. The Court of King’s Bench dismissed the application in January on procedural grounds, prompting the group to appeal. The Court of Appeal’s ruling centres on justiciability — whether the courts can decide the dispute.
“The law isn’t currently being broken. [It] will be broken in the near future. And the court is basically saying that’s not a matter for the courts at present,” said Prebble, adding that the judges found that the appellants argued a legal violation would occur in the future, rather than showing the government was breaking the law when the challenge was launched.
He said they had sought judicial intervention to prevent what they believe could become a costly infrastructure commitment that would ultimately conflict with federal emissions regulations. He pointed to information leaked from documents provided to cabinet, which he said estimated the cost of the coal-power decision at more than $11 billion. He argued that the spending could lock Saskatchewan into decades of coal-fired electricity generation before the legal questions surrounding the plan are resolved.
Prebble said they are trying to prevent spending that level of public money on a decision that is not illegal right now but will be in the future. He said the figure was based on the released information, adding that the ruling did not determine the legality or financial merits of the government’s plan. Despite the setback, SES has not ruled out further legal action and will meet with the other appellants and their legal counsel to discuss options.
“But we certainly haven’t made any decisions in that regard. We’re deeply disappointed in it, but we want to be respectful of the court’s decision, of course,” said Prebble, adding that the group wants to respect the court’s decision while continuing to challenge the government’s approach through public advocacy.
