In a significant win for the Liberal government, the Federal Court of Appeal has upheld the decision to designate plastics as toxic, empowering Ottawa to prohibit single-use plastic items. This ruling delivers a setback to Canada’s plastics industry, which contested the government’s regulations aimed at curbing plastic pollution.
The unanimous verdict by the appeal court deemed that a judge had made a mistake in declaring Ottawa’s classification of plastic items as toxic as “unreasonable and unconstitutional.” The three justices of the appeal court stated that this ruling was based on a flawed premise and did not encroach upon provincial or territorial jurisdiction.
The court emphasized that there was no constitutional issue at play, asserting that the government’s decision was justifiable due to the potential toxicity of plastics to both humans and the broader environment. Justice Donald Rennie, along with two other judges, authored the decision, which strongly rejected the 2023 Federal Court ruling, criticizing it as an exhaustive search for errors.
In 2021, the Liberal government categorized all plastic items as toxic under the Canadian Environmental Protection Act, setting the stage 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.
Although Federal Court Justice Angela Furlanetto had struck down this ban in 2023, citing it as overly broad, the quick appeal by the Liberal government, led by then Prime Minister Justin Trudeau and former Environment Minister Steven Guilbeault, secured a stay from the Federal Court of Appeal, allowing the ban to remain in effect.
According to Environment and Climate Change Minister Julie Dabrusin, the recent ruling affirms the continuity of Canada’s single-use plastics regulations. She highlighted a government report indicating the threat posed by plastic pollution to Canada’s environment, emphasizing the importance of informed action to address this concern as expected by Canadians.
The legal battle, initiated by major industry players like Dow Chemical, Imperial Oil, and Nova Chemicals, may not conclude yet, as plastic manufacturers could potentially appeal the decision to the Supreme Court of Canada. The Responsible Plastic Use Coalition, representing plastics producers, expressed intent to review the decision and explore legal avenues.
Notably, Saskatchewan and Alberta governments intervened in the case, with the Alberta Minister’s press secretary expressing disappointment with the appeal court’s decision and hinting at a possible appeal to the Supreme Court of Canada to defend provincial jurisdiction and jobs.
Former Environment Minister Guilbeault acknowledged the relief brought by the unanimous decision but lamented the years lost in legal battles that hindered progress in tackling plastic pollution. The ruling was hailed by environmental groups and legal advocates, who lauded the court’s interpretation enabling Canada to address environmental harms precautionarily.
Looking ahead, the focus shifts to how the government will leverage the affirmed federal powers to combat plastic waste. While NDP MP Gord Johns urged Ottawa to enact robust regulations promptly, concerns were raised by the Canadian Produce Marketing Association about potential impacts on trade and fresh produce supply chains.
In response, Conservative environment critic Ellis Ross reiterated opposition to plastic bans despite the court ruling, citing concerns about the ban’s economic implications on Canadians. The decision underscores environmental law’s resilience and the judiciary’s commitment to upholding statutory frameworks and scientific principles amid evolving political landscapes.
