In a significant win for the Liberal government, the Federal Court of Appeal has upheld the decision to classify plastics as toxic, allowing Ottawa to prohibit single-use plastic items. This ruling represents a setback for Canada’s plastics industry, which had contested the government’s regulations aimed at curbing plastic pollution.
The unanimous verdict stated that a previous judge had made a mistake in deeming Ottawa’s classification of plastic items as toxic as “unreasonable and unconstitutional.” The three appeal court justices asserted that this ruling was based on an incorrect premise and did not encroach on provincial or territorial authority.
The court affirmed that there were no constitutional issues at play and deemed the government’s decision reasonable, citing the potential toxicity of plastics to both humans and the broader environment.
Federal Court of Appeal Justice Donald Rennie drafted the decision, which was supported by the other two judges on the panel. It starkly rejected the 2023 Federal Court ruling, which Rennie criticized as engaging in a meticulous hunt for errors.
In 2021, the Liberal government designated all plastic manufactured items as toxic under the Canadian Environmental Protection Act. This designation paved the way for the federal environment minister to implement regulations banning single-use plastic items nationally, including plastic checkout bags, cutlery, styrofoam containers, stir sticks, and plastic straws.
In 2023, Federal Court Justice Angela Furlanetto invalidated the ban, contending that Ottawa’s broad classification of plastic-manufactured items as toxic was overly sweeping. She argued that the federal government had not proven that all plastics pose risks to humans and the environment and had overstepped into provincial jurisdiction.
Following this ruling, the Liberal government, under then-Prime Minister Justin Trudeau and former Environment Minister Steven Guilbeault, promptly appealed the decision, securing a stay from the Federal Court of Appeal to uphold the ban.
Environment and Climate Change Minister Julie Dabrusin expressed satisfaction with the recent ruling, emphasizing that it upholds Canada’s regulations on single-use plastics. She highlighted a government report that underscores the threat of plastic pollution to Canada’s environment, empowering authorities to take informed action.
The legal battle involved major industry players such as Dow Chemical, Imperial Oil, and Nova Chemicals, with potential for further appeals to the Supreme Court of Canada. The Responsible Plastic Use Coalition, representing plastics producers, is reviewing the decision and contemplating legal avenues.
The Saskatchewan and Alberta governments, which intervened in the case, expressed disappointment with the Federal Court of Appeal’s ruling, with the Alberta government considering an appeal to the Supreme Court to defend its jurisdiction and jobs.
Former Environment Minister Steven Guilbeault acknowledged the relief brought by the unanimous decision but lamented the years of legal proceedings that hindered progress in combating plastic pollution. The ruling was hailed as a significant development in maintaining strong environmental laws and independent judicial oversight.
Various environmental groups and legal advocates celebrated the verdict, emphasizing the importance of science-based actions to mitigate plastic pollution. The focus now shifts to how the government will leverage its affirmed federal powers to combat plastic waste effectively.
While some urge the government to enact stringent regulations, others caution against potential trade disruptions or impacts on food supply chains. The Conservative Party remains opposed to plastic bans despite the court ruling, citing concerns over cost implications for Canadians.
