In a win for the governing Liberals, the Federal Court of Appeal has upheld the decision to designate plastics as toxic, allowing Ottawa to prohibit single-use plastic products. The ruling is a setback for Canada’s plastics sector, which contested the government’s measures aimed at curbing plastic pollution. The unanimous decision overturned a previous ruling that deemed Ottawa’s classification of plastic items as toxic as “unreasonable and unconstitutional.”
The court justices stated that the initial ruling was based on a flawed premise and did not encroach on provincial or territorial authority. They emphasized that there was no constitutional issue at play. The court also supported the government’s decision, noting that plastics have the potential to pose harm to humans and the environment.
Justice Donald Rennie, along with two other judges, authored the decision, which strongly rejected the 2023 Federal Court ruling. This ruling was described as overly scrutinizing for errors. In 2021, the Liberal government labeled all plastic manufactured items as toxic under the Canadian Environmental Protection Act, paving the way for regulations to ban single-use plastic items such as checkout bags, cutlery, styrofoam containers, stir sticks, and plastic straws at a national level.
Following the Federal Court’s overturning of the ban in 2023, the Liberal government swiftly appealed the decision. The Environment and Climate Change Minister, Julie Dabrusin, welcomed the recent ruling, emphasizing that it upholds Canada’s regulations on single-use plastics. The government’s report highlighted the threat of plastic pollution to the environment and the necessity of taking proactive measures.
Despite the ruling, the legal battle may continue as plastic manufacturers could seek a final appeal to the Supreme Court of Canada. Industry groups, such as the Responsible Plastic Use Coalition, are reviewing the decision and exploring legal options. The involvement of the Saskatchewan and Alberta governments in the case indicates broader implications for provincial jurisdiction.
Former Environment Minister Steven Guilbeault expressed relief over the unanimous decision but acknowledged the delays caused by years of legal battles. Environmental advocates lauded the ruling, emphasizing the importance of science-based action to combat plastic pollution. Questions now arise regarding the government’s next steps in utilizing federal powers to tackle plastic waste effectively.
While some call for stronger regulations, others express concerns about potential trade disruptions and impacts on food supply chains. The opposition Conservative party remains against plastic bans, citing concerns about increased costs for Canadians. The ruling sets a significant precedent for environmental law and underscores the importance of science-based policymaking in addressing environmental challenges.