Dykstra v Saskatchewan Power Corporation

canada, canadian, case law, court opinion, canlii, skca, 2026skca99, 2026 skca 99 (canlii), 2026, skca, 99, (canlii), cacv4674, 2026, constitution, canadian charter of rights and freedoms, justiciability on motion to strike, rule 7, 9(2)(a), the king’s bench rules, whether charter claims lack a sufficient legal component and manageable legal standard, separation of powers and “court, like” function emphasized, reliance on la rose fca, tanudjaja ca, jeunesse ca, mathur ca, appeal dismissed, procedure, pleadings, amendments, rule 13, 8(1)(c), the king’s bench rules, whether proposed amendments improperly pleaded affidavits as evidence, discretion to permit amendments reviewed deferentially, “affidavits are evidence” and pleadings must state material facts, not evidence, no error in refusing amendments, appeal dismissed, constitution, remedies, charter proceedings, canadian charter of rights and freedoms, ss. 24(1), 52(1), whether remedies sought may be considered when assessing justiciability, claim read as a whole, including remedies, remedies not determinative, but informative of what court is asked to order, no error in considering court, directed legislative reform concerns, appeal dismissed, constitution, state action, charter justiciability, canadian charter of rights and freedoms, ss. 7, 15, whether approval, construction, and operation of uffgas are justiciable state action without impugning a law, no pleaded statutory obligation or legally defined objective standard governing uffgas, policy choice “not amenable to charter scrutiny”, claim resembles public inquiry, appeal dismissed, constitution, regulations, charter challenge, the management and reduction of greenhouse gases (general and electricity producer) regulations, the management and reduction of greenhouse gases act, whether emissions caps and alleged statutory duty provide a legal anchor and objective standard, majority finds no law constraining caps and no manageable legal standard, dissent would find justiciable and grant leave, appeal dismissed