Saskatchewan’s top court has dismissed a request to block the extended use of the province’s coal-fired power plants. The case pitted two groups, Citizens for Public Justice and the Saskatchewan Environmental Society, against the provincial government and two unions representing workers in the coal industry – who were granted intervenor status. The groups filed an application requesting a review of the province’s decision to extend the operating life of SaskPower’s coal-generating power plants as it worked on its transition to nuclear baseload power. According to the Saskatchewan Court of Appeal’s decision issued on Oct. 19, the appellants had sought to block the province’s decision, claiming it was incorrect or unreasonable based on five reasons relating to climate change. Saskatchewan sought an order to strike out the originating application, arguing their claim failed to raise a justiciable issue or a matter suitable for judicial review. Saskatchewan’s application was heard by a judge, which was granted in a judgment. The judge stated that courts “are not designed to manipulate the nuts and bolts of government action with a view to achieving policy ends,” noting the appellants’ claims would not be a legitimate reason to use the court process, noting the courts should not be dictating to the province what its “overarching environmental policy should be.” After reviewing the judgment and arguments from both sides, the justices ultimately dismissed the appeal, ruling extending the use of coal power was a policy decision the province was authorized to make. The court also ruled the appeal lacked the legal component to support a judicial review, upholding the previous court’s decision. With files from Cole Davenport
