By: Glenn Wright, Associate – Procido LLP
Procido LLP is acting for concerned citizens and three non-governmental organizations in two cases concerning electricity generation in Saskatchewan. Glenn Wright, Counsel with Procido LLP, is the lead litigator on each case.
The first case, Dykstra et al v SaskPower et al, was filed in March of 2023 and challenges SaskPower’s decision to build two new unabated gas fired power plants and also challenges the Government of Saskatchewan’s Management and Reduction of Greenhouse Gases Act and the corresponding regulations. The case argues that the emissions caps for SaskPower in the compliance period years 2018 – 2026 are so high as to be meaningless. The case was struck down on a preliminary motion to strike in October 2025, and the applicants appealed to the Court of Appeal at a hearing in Regina on April 17, 2026. The decision is presently on reserve with the Court. Glenn Wright offered comments in an interview with CBC shortly after the hearing: The 306 interview.
The second case was filed in July of 2025, Citizens for Public Justice et al v The Government of Saskatchewan, and this case challenges Saskatchewan’s decision to refurbish and extend coal-fired generation to 2050 (the “Coal Decision”). The case seeks a judicial review of the administrative decision to refurbish the coal plants arguing the decision was not justified considering it represented a marked departure from the previous 15 years of prior policy and the decision violates federal law. This case was also struck down on a preliminary motion to strike in January 2026 and an appeal of the strike decision is pending. Saskatchewan plans to spend $2.63 billion within the next decade to rebuild the SaskPower coal fleet of generators. The work has already begun and the first unit was returned to service in April, 2026: Boundary Dam unit 4 back online.
Saskatchewan is at a crossroads with respect to our energy future. We all want affordable and reliable energy, but we must also mitigate the dangerous emissions that pollute our air. Saskatchewan’s direction pursuing fossil fuelled electricity generation is risky and expensive, particularly when there is considerable uncertainty with respect to pollution pricing for industrial emitters like SaskPower. The Saskatchewan Industrial Energy Consumer Association has also expressed concerns about refurbishing coal and the regulatory uncertainty related to pollution pricing. The Coal Decision is likely to stifle investment in Saskatchewan as industries want affordable, reliable, and clean power.
The world is pivoting from fossil electricity generation to renewables: solar and wind alone met 99% of demand growth in 2025. Australia will begin offering free electricity during the sunniest hours starting July 1, 2026 due to an abundance of solar power.
“It is no coincidence that energy price reductions are coming as Australia surpasses the milestone of 51 per cent renewable electricity in the National Electricity Market for the first time. That is a direct result of more of the cheapest form of new energy entering the grid, and it shows why the [Government’s] plan to roll out more renewables and storage is so critical to putting downward pressure on bills.”
Coal is in structural decline and solar is the dominant new generation choice in the global power sector. All electrical grids are undergoing three simultaneous transformations: decarbonization, decentralization, and digitalization. Given that Saskatchewan has the best solar resource in Canada and world class wind resources, why would Saskatchewan turn back our clocks 50 years and continue to invest in obsolete technologies? The applicants represented by Procido LLP want transparency; the public needs to know what the life-cycle cost of electricity is for all available generation options, particularly as pollution prices are expected to rise.
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 particularly applies to those who exercise public authority. These cases help maintain fundamental freedoms while holding government accountable.
Procido LLP also recognizes that we need affordable, reliable, and clean electricity as the foundation for economic growth in the province. We encourage the public to get involved by learning more about these cases and by submitting public comments to the Saskatchewan Rate Review Panel before the May 29, 2026 deadline. To learn more about SaskPower’s 2026 and 2027 rate increases and submit your comments, please visit this website.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, Procido LLP does not warrant or guarantee the completeness, accuracy, or applicability of the information to any particular municipality or situation. Municipalities should obtain legal advice specific to their circumstances before taking action. For tailored legal advice, please contact Procido LLP directly.