By: Glenn Wright, B. Sc., M. Sc., J.D., P. Eng.

_{Court of King’s Bench, Regina, SK (left to right: Kaitlyn Harvey, co-counsel, Applicant Harold Pexa, and Glenn Wright, B. Sc., M. Sc., J.D., P. Eng., lead counsel for the case)}

Procido LLP is acting for Saskatchewan residents who are challenging Saskatchewan Power Corporation (“SaskPower”), the Crown Investments Corporation of Saskatchewan (“CIC”), and the Government of Saskatchewan in court claiming that government action to build new gas-fired electricity generation violates Charter rights to life, security of person, and equality.

The Supreme Court of Canada has stated that:

“Climate change is real. It is caused by greenhouse gas emissions resulting from human activities and it poses a grave threat to humanity’s future. The only way to address the threat of climate change is to reduce greenhouse gas emissions.” – 2021 SCC 11 at para 2.

Around the world courts and tribunals are increasingly finding states liable for breaching the rights of their citizens in relation to the existential threats associated with human-caused climate change.

The legal team supporting this action consists of many members of the Saskatchewan Bar, beyond the team at Procido LLP, but lead counsel for the case is lawyer, farmer and Professional Engineer, Glenn Wright B. Sc., M. Sc., J.D., P. Eng., who joined Procido LLP earlier this year. The case was filed in the Court of Queen’s Bench (as it was at the time) on March 31, 2023.

The legal team has been busy working on this action during the summer months of July and August. There were two decisions issued with respect to the case in August: the first on August 8 from Justice Chow who denied the Saskatchewan Environmental Society’s request to intervene in the Strike Applications. Justice Chow adjourned the application to intervene on the Originating Application proper sine die (which means indefinitely).

The second decision was from the Chief Justice Popescul on August 29, where he denied a request for case management. The Applicant applied for case management seeking to firm up a schedule for the case and to address whether the Applicant was required to seek leave of the court to amend pleadings. The Applicant is presently working to have this addressed via direction from the Court.

​Finally, the Applicant worked diligently to finalize a brief of law in response to the Strike Applications served on the Applicant by both the Government of Saskatchewan and the Respondent Crown (SaskPower and CIC). The Strike Application hearing is currently scheduled to be heard at a special hearing in Regina on October 4, 2024, subject to the issue with the proposed amendment to the pleadings.

It is now more than five years since the Saskatchewan Court of Appeal heard the Reference re Greenhouse Gas Pollution Pricing Act and it is noteworthy that all parties agreed to the factual record as outlined by the Court:

“The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.” – 2019 SKCA 40 at para 4.

The Applicants’ position is that the Government of Saskatchewan have the constitutional obligation and responsibility to operate SaskPower in a manner that does not unjustifiably infringe upon the rights of citizens. Therefore, they have the responsibility to produce electricity in a manner that does not unjustifiably harm Saskatchewan residents. Building new gas generation plants harms citizens and threatens their constitutional rights to life, liberty and security of person. The Applicants are calling on the Court to protect Charter rights from being violated by the construction of new gas fired power plants.