In a significant win for the Liberal government, the Federal Court of Appeal has upheld the decision to classify plastics as toxic, empowering Ottawa to prohibit single-use plastic products. This ruling deals a blow to Canada’s plastics industry, which had contested the federal regulations aimed at curbing plastic pollution. The unanimous decision from the court stated that a previous judge had made a mistake in deeming Ottawa’s listing of plastic items as toxic as “unreasonable and unconstitutional.”
The three appeal court judges clarified that the prior ruling was based on a flawed premise and did not encroach on provincial or territorial jurisdiction. They emphasized that there was no constitutional issue at play and deemed the government’s decision as reasonable due to the potential toxicity of plastics to humans and the environment.
Justice Donald Rennie of the Federal Court of Appeal authored the decision, which was supported by two other judges on the bench. This ruling strongly rejected the 2023 Federal Court decision, with Rennie criticizing it as an exhaustive search for errors. In 2021, the Liberal government categorized all plastic manufactured items as toxic under the Canadian Environmental Protection Act, setting the stage for regulations to ban single-use plastic products nationally.
Following a legal challenge, Federal Court Justice Angela Furlanetto had overturned the ban in 2023, arguing that the broad classification of plastic-manufactured items as toxic lacked sufficient evidence of harm and encroached on provincial jurisdiction. The Liberal government, led by Prime Minister Justin Trudeau and former Environment Minister Steven Guilbeault, promptly appealed the ruling and obtained a stay from the Federal Court of Appeal to uphold the ban.
Environment and Climate Change Minister Julie Dabrusin welcomed the recent court ruling, highlighting that it upholds Canada’s regulations on single-use plastics and acknowledges the environmental threat posed by plastic pollution. The decision reaffirms the government’s stance on taking necessary actions to address plastic pollution, aligning with public concerns.
The legal battle involved major industry players like Dow Chemical, Imperial Oil, and Nova Chemicals, with potential for further appeals to the Supreme Court of Canada from plastic manufacturers. The Responsible Plastic Use Coalition, representing plastics producers, is assessing legal options in response to the ruling.
Despite the victory, former Environment Minister Steven Guilbeault expressed relief at the court’s decision but lamented the delays caused by legal battles in addressing plastic pollution. The ruling was seen as a significant milestone in environmental law, reinforcing the importance of upholding environmental protections amid political pressures.
Environmental groups and legal advocates celebrated the court’s decision, emphasizing the importance of science-based actions to combat plastic pollution. The focus now shifts to how the government will leverage its affirmed federal powers to tackle plastic waste effectively. While some call for stronger regulations, concerns are raised about potential trade disruptions and impacts on food supply chains.
Political responses varied, with NDP urging the government to enforce regulations swiftly, while the Conservative Party remains opposed to plastic bans, citing concerns about cost implications for Canadians. The court decision is expected to shape Canada’s approach to combating plastic pollution and promoting environmental sustainability.
