The Supreme Court of Canada has announced that it will review an appeal concerning the federal government’s prohibition on single-use plastics, as disclosed on Thursday. The Liberal government, in 2021, designated all plastic-made products as harmful under the Canadian Environmental Protection Act. The Responsible Plastic Use Coalition, an industry association, contested the directive, leading to Federal Court Justice Angela Furlanetto overturning the ban in 2023.
Judge Furlanetto deemed the scope of the Ottawa decision to categorize plastic-manufactured items like grocery bags, cutlery, styrofoam containers, stir sticks, and straws as toxic to be overly broad. The ruling criticized the federal government for failing to establish that all plastics pose risks to humans and the environment, asserting that it was encroaching on provincial authority.
In January, the Federal Court of Appeal upheld the government’s classification of plastics as toxic, dealing a significant blow to Canada’s plastics sector. In contrast, three appeal court judges dismissed the lower court’s decision, stating it was based on an erroneous assumption and did not violate provincial or territorial jurisdiction.
Federal Court of Appeal Justice Donald Rennie led the judgment, supported by the other two bench members, which strongly opposed the 2023 Federal Court ruling. Rennie characterized the decision as a thorough rejection and criticized it as a meticulous hunt for errors.
