Saskatchewan climate case seeks a hearing at the Supreme Court of Canada

November 12, 2026

Key points from this story:

• Appeal to the Supreme Court filed
• Case dismissed by Saskatchewan Appeal Court
• Focus on justiciability, not environmental rights
• Charter protections should apply across Canada
• Supreme Court selects cases of public importance
• Awaiting decision on leave application

Seven Saskatchewan residents and Climate Justice Saskatoon have filed an application to appeal their case to the Supreme Court of Canada following a divided Saskatchewan Court of Appeal decision (2026SKCA099) that dismissed their case on September 10, 2026.

Importantly, this application asks the Supreme Court to decide only the issue of justiciability, not whether the Charter guarantees a right to a healthy environment or a stable climate. We are asking the Court to clarify the legal standards that determine whether our Charter claims can proceed to a hearing on the merits.

Clarification on justiciability is important not only for climate litigation, but for all Canadians seeking to hold governments accountable for actions they believe violate their constitutional rights. The Charter establishes fundamental rights and freedoms that apply across Canada. Its protections should not depend on which province a person lives in or on the legislation a provincial government has enacted.

Saskatchewan courts have in effect ruled that certain Charter claims depend on provincial legislation. This would narrow Charter protections in Saskatchewan and could allow constitutional protections to vary from province to province. The Charter should continue to be understood as Canada's supreme law and applied consistently throughout the country.

The Supreme Court does not hear every proposed appeal. It selects cases that raise issues of public importance or otherwise meet its criteria for review. The applicants are now waiting to hear the Court's decision on their leave application. No Supreme Court hearing has been granted at this stage.

We thank our legal team and everyone who continues to support and contribute to this work.

For more information about the case, see here: climatejusticesaskatoon.ca