Environmental advocates ask Sask. Court of Appeal to review coal decision

A non-profit environmental group had its concerns regarding the Saskatchewan government’s decision to extend coal-fired power plants heard by the province’s highest court Tuesday.

The Saskatchewan Environmental Society (SES) is asking the court to review a January decision by the Court of King’s Bench that dismissed its challenge to the province’s coal-power extension plans.

Crown Investments Corporation Minister Jeremy Harrison announced the decision via a letter distributed to SaskPower employees in June 2025.

One month later, SES, along with three individuals and Citizens for Public Justice, filed for judicial review of the decision, claiming the government’s decision is unlawful and conflicts with a federally mandated coal phase-out deadline of 2030.

Earlier this year, the lower court struck down the case on procedural grounds, saying it concerns a high-level policy decision that is not suitable for judicial review.

Story continues below advertisement

“I’m hoping that we will get a judicial review of this case,” said Peter Prebble, board member with SES.

Get breaking National news

Get breaking Canada news delivered to your inbox as it happens so you won't miss a trending story.

“There are lots of reasons why this case should be looked at on its merits, which so far we haven’t had a chance to present,” Prebble said.

At the centre of the Tuesday appeal is whether the lower court has jurisdiction to hear the case, with the appellants arguing that it is justiciable.

“What we’re talking about is that this coal decision puts us on a path that defies federal law and will breach our own provincial law,” said Glenn Wright, a lawyer representing the appellants.

“For these reasons, we think it is unreasonable, and it warrants a second look to make sure we’re doing the right thing,” Wright said.

The provincial government, one of the two respondents in the case, argues that it is allowed to make laws related to energy production, with any judicial review overstepping its policymaking freedoms.

In a statement to Global News, the province says it will continue to defend its decisions to “ensure reliable and affordable power for our province,” adding it is reserving further comment as the matter is before the courts.

The government is also seeking costs on behalf of taxpayers for time spent in court over the case.

Story continues below advertisement

Among the dozens of people in attendance were members of the United Mine Workers of America (UMWA), a union that represents coal workers in southeast Saskatchewan, including the Estevan and Bienfait areas.

A lawyer representing labourers’ views was the second respondent in the case.

“At the end of the day, it’s all about reliable power and jobs,” said Jody Dukart, a representative of the UMWA.

“It makes a lot of income down there in the communities, and it’s their livelihood, right?” he said.

The three-judge panel is reserving its decision, which will be issued in writing at a later date.