Brian Zinchuk is editor and owner of Pipeline Online
This post on the SES Facebook page was originally embedded in the story. Mysteriously, the ability to embed this post was removed by SES after this publication. But that’s okay, we screenshotted it for you. Facebook.com/Saskatchewan Environmental Society
In Part 5, the two environmental organizations’ affidavits that are party to this injunction application to stop coal-fired power generation from continuing are outlined.
The Saskatchewan Environmental Society
The fourth party taking part in this legal action is the Saskatoon-based Saskatchewan Environmental Society (SES). Vice president Robert Halliday, a consulting professional engineer, sworn an affidavit on the organization’s behalf.
This is the affidavit of the SES in pdf form: AFFIDAVIT-OF-ROBERT-HALLIDAY-JULY-16-2025
Notably, lawyer Wright was a director of the SES until this year. He is no longer on the board.
Halliday, a member of the SES for more than 20 years, wrote in background, “I am a water resource engineer by training and experience. For the last 25 years, I was the president of R. Halliday & Associates, a consulting engineering firm. Prior to that I was director of Canada’s National Hydrology Research Centre. My interest in SaskPower’s generation matters was sharpened by the challenges the organization faced in meeting cooling water demands at the Boundary Dam Power Station during the 1980s drought. That matter was addressed by pumping the Estevan aquifer; 30 years later the aquifer still has not recovered. I have been qualified as an expert in court proceedings before on water management matters, particularly related to flooding and drainage. I have deep professional knowledge of matters pertaining to water and power production.”
A lengthy portion speaks of the SES’s environmental activism, including having made submissions on the federal Clean Electricity Regulations. SES is a charitable organization with over 200 members. Halliday noted, “SES has focused on sustainable development and pathways to achieve a netzero future. SES has a long history of advocacy related to SaskPower, power production technologies, and public education related to reliable, affordable, and sustainable electrical generation within the prairie region.”
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On the decision to extend coal generation, Halliday, on behalf of the SES, wrote, “I and other SES members were active participants in the Saskatchewan Power Corporation’s “Our Power Future” two-year public consultation process beginning in 2022. The process presented many scenarios for the mix of future electricity sources for Saskatchewan. None of these scenarios included refurbishing coal-fired power stations or extending the use of coal-fired electricity generation beyond 2030.
“SES is deeply troubled by the decision of the Government of Saskatchewan to refurbish and extend conventional coal-fired generation to 2050. SES learned of this decision via media coverage of the June 18, 2025, letter issued to SaskPower employees from Minister Jeremy Harrison.
“SES knows that we must reach net zero by no later than 2050 to avoid dangerous climate change. Extending Saskatchewan’s reliance on coal-fired generation to 2050 could lead to more than an additional 125 million tonnes of GHG emissions to our atmosphere. The average lifetime of these emissions in the atmosphere is more than 100 years.
“Although the Government of Saskatchewan stated in its decision letter that “it remains committed to the goal of a net-zero electrical grid by 2050,” SES maintains that the lack of progress to steadily reduce emissions in each year leading up to 2050 means that we will likely need to reach net zero even sooner than 2050. Put plainly, it is a fact that the decision to extend coal is a decision to accelerate dangerous climate change by the Government of Saskatchewan.
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“SES respectfully ask to be granted public interest standing in this Application to voice our concerns that the decision is unreasonable, legally incorrect, and should be quashed by the Court.
“SES views this application to be essential to determine whether Saskatchewan has “exclusive authority to make laws in relation to the development, conservation, and management of sites and facilities for the generation and production of electrical energy” as claimed in Minister Harrison’s decision letter of June 18, 2025, and whether the Government of Canada also has jurisdiction to regulate GHG emissions in the electricity generation sector under the Canadian Environmental Protection Act, 1999 and under the Clean Electricity Regulations.
“SES knows there are many ways SaskPower could reach a net-zero emission future. SES does not accept the decision as presented in the June 18, 2025, letter as being justified, reasonable, legally correct, or transparent. SES respectfully prays for this Court to judicially review and quash the decision for the benefit of our shared future for all Saskatchewan citizens.”
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Citizens for Public Justice
The final party in the injunction action is Citizens for Public Justice, and the affidavit was sworn by Willard Metzer, executive director. Metzer noted he holds a doctorate of ministry degree, having dedicated his life to ministry, and is from Drayton, Ontario.
This is the affidavit of CPJ, in pdf form: AFFIDAVIT-OF-WILLARD-METZGER-JULY-15-2025
He wrote, “My leadership at CPJ is driven by a vision that aligns with the organization’s sixty-year commitment to climate justice. This vision, which informs our decision to be an applicant in this case, is firmly rooted in the intersection of faith, community, public policy, and environmental stewardship.”
The organization was founded in 1963. Metzer wrote, “For more than sixty years, CPJ has become a recognized voice for public justice across Canada. Its advocacy efforts have encompassed a wide range of issues, including the Mackenzie Valley Pipeline moratorium, Indigenous reconciliation, and the promotion of a just transition within various environmental contexts.
🚨 BREAKING 🚨 CPJ AND SASKATCHEWAN ENVIRONMENTAL SOCIETY (@skenvsociety) CHALLENGING SASKATCHEWAN GOVERNMENT IN COURT OVER COAL POWER PLANS. Learn more and get involved: https://t.co/q6gu3PIhSd pic.twitter.com/H6mmZVcRot
— Citizens for Public Justice (@publicjustice) August 5, 2025
“CPJ’s commitment to justice extends beyond simple advocacy. The organization has actively engaged in shaping public policy by participating in key decision-making processes at both the national and international levels. Within Canada, CPJ has regularly contributed to pre-budget consultations and served on advisory bodies such as Canada’s Net-Zero Advisory Body, influencing critical decisions on social and environmental justice.”
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Notably, “CPJ recently participated as an intervenor in the Mathur v Ontario case (2024 ONCA 820 – Canlii) which would further support CPJ’s standing as a public interest applicant in this action.” That case is referenced numerous times, and is also referred to in Bronwyn Eyre’s writing on this topic.
“Internationally, CPJ’s involvement as an observer in multiple UN Climate Change Conferences (COPs) showcases its alignment with global efforts to address climate change. This proactive and hands-on approach reflects CPJ’s unwavering dedication to advancing meaningful change and fostering a more equitable and sustainable future,” he added.
Metzer said the CPJ takes credit for essentially killing the Mackenzie Valley Pipeline project in the 1970s, a project that never did get built. He wrote, “In 1975, CPJ appeared before the Berger Inquiry, advocating for a 10-year moratorium on the pipeline. This marked one of CPJ’s early and significant triumphs in protecting the rights and lands of Indigenous people. Its comprehensive efforts included educating Members of Parliament, Cabinet ministers, and the general public about sustainable energy policy, resource stewardship, and justice for the affected Indigenous people.
“CPJ’s recommendation later became a central component of the Mackenzie Valley Pipeline Inquiry led by Justice Thomas R. Berger and eventually resulted in a government-declared moratorium.”
As for conventional coal in Saskatchewan, the Metzer wrote, “CPJ is horrified by the decision of the Government of Saskatchewan to refurbish and extend conventional coal-fired generation to 2050. CPJ understands that the Government of Saskatchewan made this decision recently and first communicated the decision by way of a letter dated June 18, 2025, which was addressed to all employees of the provincial electrical utility, SaskPower.
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“CPJ notes that all other provinces in Canada have either eliminated coalfired generation or will do so within the next few years. No other province in Canada is refurbishing or extending reliance on coal generation to 2050.
“CPJ notes the widespread consensus around the world that dangerous climate change cannot be addressed without achieving net zero emissions. The Government of Saskatchewan’s decision to extend conventional coal undermines the ambition to achieve net zero emissions and will also contribute millions of tonnes of additional cumulative emissions between now and 2050.
“CPJ is seeking to be granted public interest standing in this Application to voice our concerns on behalf of all Canadians that the Government of Saskatchewan’s decision to extend conventional coal generation is both unreasonable and legally incorrect because it ignores federal regulations drafted under the Canadian Environmental Protection Act, 1999.
“CPJ supports this application because it aligns with CPJ’s mandate promote social, environmental, and climate justice. CPJ is concerned that the Government of Saskatchewan is undermining the rule of law in Canada by ignoring valid federal law and claiming in its decision that “the federal government has no standing in this discussion” with respect to the generation of electrical energy.
Workers doing an overhaul at Boundary Dam Power Station several years ago. Photo by Brian Zinchuk
“CPJ knows there is no climate justice without a just transition. CPJ is sympathetic to the many workers employed in Saskatchewan associated with coal-fired generation. However, CPJ cannot accept the decision as presented in the June 18, 2025, letter to extend coal as being justified or necessary given the many alternatives available to the Government of Saskatchewan to generate electricity. With respect, CPJ pleads for this Court to grant CPJ public interest standing on behalf of all Canadians and urges the Court to judicially review and quash the decision to extend conventional coal generation in Saskatchewan to 2050.”
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Conclusion
Justice MacMillan-Brown has reserved decision on this injunction. As of Aug. 13, Wright did not know when that decision would be returned.
SaskPower has begun taking its first steps to rebuild its coal fleet, starting with Boundary Dam Unit 4, which was retired.
The International Brotherhood of Electrical Workers Local 2067 is holding barbecues in Estevan on Aug. 26 and Coronach on Aug. 27 to celebrate the rebirth of coal.
And Citizens for Public Justice is holding an online webinar entitled “Powering a livable planet: Saskatchewan’s coal decision on trial” on Aug. 28, from 7:30 to 9 p.m. The promotional web page for the webinar says, “Did you know that CPJ and a group of co-applicants are challenging the Saskatchewan government in court over its decision to extend coal power generation past 2030?
“Join Citizens for Public Justice, leading environmental experts, and local activists in exploring why the Saskatchewan government’s decision to extend coal power generation violates Canadian laws, harms our health, and threatens our climate system. You’ll have a chance to pose questions directly to the people involved with this court challenge, and find out how you can support them!”
You can register to take part in the webinar here.
Presumably the 12-year-old involved in the case will resume school after the Labour Day long weekend.
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