In a 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 is 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 judge had made a mistake when ruling that Ottawa’s classification of plastic items as toxic was “unreasonable and unconstitutional.” The three appeal court judges emphasized that this ruling was based on an incorrect premise and did not violate provincial or territorial jurisdiction.
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 humans and the broader environment.
Federal Court of Appeal Justice Donald Rennie led the decision, supported by the other judges on the panel. The ruling strongly rejected the 2023 Federal Court decision, which Rennie criticized as engaging in a meticulous search for errors.
In 2021, the Liberal government classified all plastic manufactured items as toxic under the Canadian Environmental Protection Act. This classification paved the way 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.
In 2023, Federal Court Justice Angela Furlanetto invalidated the ban, contending that Ottawa’s categorization of plastic-manufactured items as toxic was overly broad. The judge argued that the federal government had not proven that all plastics pose risks to humans and the environment while encroaching on provincial jurisdiction.
Following this, the Liberal government, led by then Prime Minister Justin Trudeau and former environment minister Steven Guilbeault, promptly appealed the decision, receiving a stay from the Federal Court of Appeal to maintain the ban.
Environment and Climate Change Minister Julie Dabrusin remarked that the recent ruling affirms the continuation of Canada’s single-use plastics regulations. She highlighted a report from her department indicating that plastic pollution poses environmental threats, providing the government with essential tools for informed action.
Major industrial players, including Dow Chemical, Imperial Oil, and Nova Chemicals, initiated the case. The legal battle may not conclude yet, as plastic manufacturers could seek a final appeal to the Supreme Court of Canada.
The Responsible Plastic Use Coalition, representing plastics producers, stated that they are assessing the decision and exploring legal options. The governments of Saskatchewan and Alberta also intervened in the case, expressing disappointment with the ruling and considering appealing to the Supreme Court of Canada to defend their jurisdictions.
Former environment minister Steven Guilbeault expressed relief at the unanimous decision but noted that years of legal battles have hindered progress in addressing plastic pollution. The ruling was deemed significant by David Wright, a law professor at the University of Calgary, in the context of concerns about weakening environmental laws across Canada.
Various environmental groups and legal advocates celebrated the victory, emphasizing the importance of addressing environmental harms proactively. NDP MP Gord Johns urged the government to implement robust regulations to combat plastic pollution effectively.
While the ruling affirms federal powers to combat plastic waste, questions linger about the government’s next steps in utilizing these powers. The Canadian Produce Marketing Association raised concerns about potential trade disruptions and impacts on food availability due to further government actions.
Despite the court decision, Conservative environment critic Ellis Ross reiterated opposition to plastic bans, arguing that such measures would increase costs for Canadians.
