November 13, 2025
Procido LLP is acting for two organizations, the Saskatchewan Environmental Society and Citizens for Public Justice, along with three individuals to challenge the Saskatchewan Government’s decision to extend the use of coal-fired electricity generation to 2050 (the “Coal Decision”). Procido LLP has undertaken this work on a non-billable basis.
Applicants want court to force government to justify decision
The application for judicial review of the Coal Decision was filed on July 18, 2025, one month after the decision was first disclosed in a letter from the Honourable Minister Jeremy Harrison to the employees of SaskPower. The Coal Decision is an instance where the Government of Saskatchewan has issued a directive to SaskPower to refurbish and recertify coal power plants, some of which have been offline for several years. The Coal Decision places SaskPower on a pathway that will contravene validly enacted federal law currently in force.
The Government of Saskatchewan argues that the letter from Minister Harrison is not a “decision” but a statement of broad policy. But there is clearly tangible action that is already being taken because of the Coal Decision and the Government’s direction to SaskPower. It is not clear from the reasons in the letter to SaskPower employees how the Coal Decision is necessary or desirable for the efficient operation of SaskPower’s business for the public good.
The case had a first appearance on August 12, 2025, in Chambers at the Court of King’s Bench in Saskatoon. On November 10, 2025, there was a special hearing to argue the Government’s application to strike the case, claiming the pleadings are not justiciable. The decision is on reserve with the Honourable Justice Smith.
Applicants asking judge to allow case to proceed
As a law firm in private practice, Procido LLP believes strongly in supporting and upholding the rule of law. The rule of law is under pressure in Canada and around the world. The rule of law especially applies to those who exercise public authority. This case plays an important role in maintaining fundamental freedoms by ensuring that there is executive accountability to legal authority and that individuals are protected from arbitrary executive action.
It is now more than six 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 Coal Decision letter did not provide reasons to justify the sudden reversal of 15 years of prior public policy and actions focused on winding down coal generation by 2030. Furthermore, the Coal Decision failed to address constraints from federal law, Canada’s international legal obligations, and relevant Charter values. We are hopeful that the court will allow this case to be heard because we believe that judicial review exists to provide oversight for exactly these types of decisions.
Saskatchewan is blessed with an abundance of natural resources and is well placed to become a clean energy superpower. Saskatchewan has the best solar resource in Canada, world class wind energy resources, undeveloped hydro, carbon capture utilization and storage (CCUS) facilities and expertise, natural gas which could be used with CCS to generate clean bridge power, and uranium to power GHG-free nuclear baseload generators. The economic opportunities in clean energy for Saskatchewan are vast. Procido LLP is well known and recognized for its expertise in clean energy.
For more information about the case, please visit:
Citizens for Public Justice: No more coal in Canada!
Other media coverage of the issue:
(picture from July 18, 2025 – the day the Coal case was filed)