In a significant win for the Liberal government, the Federal Court of Appeal has upheld the decision to categorize plastics as toxic, allowing Ottawa to prohibit single-use plastic products. This ruling is a setback for Canada’s plastics industry, which had contested the government’s regulations designed to combat plastic pollution.
The unanimous verdict by the appeal court stated 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 on the bench clarified that this ruling was based on a flawed premise and did not encroach on provincial or territorial jurisdiction.
The court affirmed that there was no constitutional issue at hand and deemed the government’s decision reasonable, citing the potential toxicity of plastics to humans and the environment. The ruling, authored by Federal Court of Appeal Justice Donald Rennie and supported by two other judges, strongly rejected the 2023 Federal Court decision, describing it as a misguided scrutiny of errors.
In 2021, the Liberal government designated all plastic-manufactured items as toxic under the Canadian Environmental Protection Act, laying the groundwork for the federal environment minister to implement regulations banning single-use plastic items nationwide, including checkout bags, cutlery, styrofoam containers, stir sticks, and plastic straws.
Despite a setback in 2023 when Federal Court Justice Angela Furlanetto overturned the ban, the government swiftly appealed the decision. The recent ruling by the Federal Court of Appeal has reinstated the ban, as confirmed by Environment and Climate Change Minister Julie Dabrusin, who highlighted the continued importance of the government’s plastic regulations in addressing environmental concerns.
The legal battle, spearheaded by major industrial players like Dow Chemical, Imperial Oil, and Nova Chemicals, may not conclude yet, as plastic manufacturers could pursue a final appeal to the Supreme Court of Canada. The Responsible Plastic Use Coalition, representing plastics producers, expressed intent to review the decision and explore legal options following the appeal court’s ruling.
Various stakeholders, including environmental groups and legal advocates, welcomed the court’s decision, emphasizing the significance of science-based actions to combat plastic pollution. While there are calls for stronger government regulations to tackle plastic waste, concerns about trade disruptions and impacts on food supply chains have also emerged.
Amid calls for more decisive action against plastic pollution, the government’s next steps regarding plastic regulations remain uncertain, with differing opinions among political parties on the efficacy of plastic bans.