In a win for the Liberal government, the Federal Court of Appeal has upheld its decision to designate plastics as toxic, empowering Ottawa to prohibit single-use plastic products. This ruling marks a setback for Canada’s plastics sector, which had contested the federal regulations aimed at combatting plastic pollution. The unanimous court decision found that a previous judge had made an error in deeming Ottawa’s classification of plastic items as toxic as “unreasonable and unconstitutional.”
The three justices of the appeal court stated that the previous ruling was based on an incorrect premise and did not violate provincial or territorial jurisdiction. The court determined that there was no constitutional issue at play and affirmed that the government’s decision was justified due to the potential toxicity of plastics to humans and the environment.
In 2021, under the leadership of then Prime Minister Justin Trudeau and former Environment Minister Steven Guilbeault, the Liberal government categorized all plastic items as toxic under the Canadian Environmental Protection Act. This classification paved the way for the federal environment minister to move forward with regulations banning single-use plastic items like checkout bags, cutlery, styrofoam containers, stir sticks, and plastic straws nationwide.
Despite a setback in 2023 when Federal Court Justice Angela Furlanetto overturned the ban, the Liberal government promptly appealed the decision, securing a stay from the Federal Court of Appeal to maintain the ban. Environment and Climate Change Minister Julie Dabrusin expressed satisfaction with the recent ruling, emphasizing that Canada’s single-use plastics regulations remain in effect to address the environmental threat posed by plastic pollution.
The industry players behind the legal challenge, including Dow Chemical, Imperial Oil, and Nova Chemicals, could potentially pursue a final appeal to the Supreme Court of Canada, indicating that the legal battle may not be fully resolved. The Responsible Plastic Use Coalition, representing plastics producers, stated that they are evaluating the decision and considering their legal options.
Former Environment Minister Steven Guilbeault acknowledged the relief brought by the unanimous court decision but highlighted the years of progress stalling due to ongoing legal battles. The ruling was deemed significant by David Wright, a law professor at the University of Calgary, in light of concerns about environmental protection laws being weakened across the country.
Environmental groups and legal advocates celebrated the victory, emphasizing the importance of science-based action to combat plastic pollution. The ruling’s implications prompt questions about how the government will leverage its affirmed federal powers to further combat plastic waste. NDP MP Gord Johns urged Ottawa to implement strong, enforceable regulations instead of allowing corporations to delay action.
While the Conservative party voiced opposition to plastic bans despite the court ruling, the broader focus now shifts to the government’s strategies for leveraging federal powers to tackle plastic waste effectively.