Saskatchewan residents file Charter lawsuit over province’s gas-plant plan

A lawsuit has been filed by 15 Saskatchewan residents, ages 15 to 80,  arguing that a plan by the provincial government and SaskPower to expand gas-fired electricity generation violates Charter rights to life, security of person and equality.

The applicants are arguing that the government and SaskPower plan to allow a certain level of emissions, said Martin Olszynski, an associate professor of law at the University of Calgary, and “that those emissions themselves, and authorizing those emissions,  is what’s going to interfere with the applicants Charter rights.”

The Saskatchewan Environmental Society says the lawsuit is the first of its kind in Saskatchewan, although similar lawsuits have been filed in other provinces and at the federal level.

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The society has filed an application to intervene in the case but says that the provincial government and SaskPower are opposing the application.

“I was just very surprised at the Government of Saskatchewan’s determination not to have the Saskatchewan Environmental Society’s expert witness is heard in this case,” said Peter Prebble, a member of the society’s board.

“They [the witness] are internationally and nationally renowned, and I thought that expertise would be welcome.”

SaskPower and the province, meanwhile, have filed a motion to dismiss the case entirely.

Olszynski said the government may use the notwithstanding clause to keep its gas-plant electricity program moving forward, given the current political climate.

SaskPower is refusing to comment as the matter is before the courts.

The province says has called natural gas-fired power plants the most effective way to reduce greenhouse gas emissions without causing harm to people and the economy.

The case is expected to be heard in October.

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