Federal Court of Appeal Upholds Toxic Classification of Plastics

In a significant ruling, the Federal Court of Appeal has upheld the Canadian government's classification of plastics as toxic, enabling Ottawa to proceed with a ban on single-use plastic items. This decision represents a setback for the plastics industry, which had previously challenged the federal regulations aimed at mitigating plastic pollution. The unanimous decision overturned a prior ruling by Federal Court Justice Angela Furlanetto, who had deemed the government's classification as "unreasonable and unconstitutional." The appeal court found that Furlanetto's ruling was based on incorrect premises and affirmed that the government's decision did not infringe upon provincial or territorial jurisdiction.

Appeals Court Upholds Ottawa’s Toxic Plastic ClassificationAppeal court rules in favour of Ottawa's toxic plastic listingFederal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”

In 2021, the Liberal government, under Prime Minister Justin Trudeau and former Environment Minister Steven Guilbeault, classified all plastic products as toxic under the Canadian Environmental Protection Act (CEPA). This classification allowed the federal government to initiate regulations banning single-use plastics, including checkout bags, cutlery, styrofoam containers, stir sticks, and plastic straws. Following the 2023 ruling by Justice Furlanetto, which struck down the ban, the government quickly appealed, receiving a stay from the Federal Court of Appeal that allowed the ban to remain in effect during the legal proceedings.

Appeals Court Upholds Ottawa’s Toxic Plastic ClassificationAppeal court rules in favour of Ottawa's toxic plastic listingFederal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”

The case was brought forward by major industrial players, including Dow Chemical, Imperial Oil, and Nova Chemicals, who argued that the government's classification was overly broad and unconstitutional. The Canadian Constitution Foundation (CCF), which intervened in the case, expressed disappointment with the appeal court's decision, emphasizing concerns over federal overreach into areas of provincial jurisdiction. Christine Van Geyn, Litigation Director for the CCF, stated that the ruling raises questions about the federal government's use of environmental protection as a means to centralize power.

Federal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”

The Federal Court of Appeal's ruling has been characterized as a reasonable response to the potential toxicity of plastics to human health and the environment. The court noted that the classification allows for future regulatory actions without infringing on constitutional rights. The Liberal government has indicated its commitment to advancing the ban on single-use plastics, while the plastics industry retains the option to appeal to the Supreme Court of Canada.

Appeals Court Upholds Ottawa’s Toxic Plastic ClassificationAppeal court rules in favour of Ottawa's toxic plastic listingFederal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”

The ruling marks a pivotal moment in Canada's efforts to combat plastic pollution, with stakeholders from various sectors closely monitoring the implications of this decision. The legal battle may continue as the plastics industry considers its next steps, potentially leading to further scrutiny of the government's regulatory powers under the CEPA.

Appeals Court Upholds Ottawa’s Toxic Plastic Classification

• “There is no constitutional issue here,” — Federal Court of Appeal

Appeal court rules in favour of Ottawa's toxic plastic listing

• “This federal government is always looking for new ways to take control over areas that are not theirs, including using environmental protection as an excuse to centralize power in Ottawa,” — Christine Van Geyn, Litigation Director, Canadian Constitution Foundation

Federal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”

• “The fact that the [Cabinet] could in theory at some future date, exercise its discretion to sanction objects beyond the scope of the criminal law power does not invalidate the Order.” — Justice Rennie, Federal Court of Appeal

Federal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”

This ruling not only reinforces the government's stance on environmental protection but also sets the stage for ongoing legal and regulatory discussions surrounding plastic use in Canada.

Federal Court of Appeal Upholds Ottawa’s Listing Plastics “Toxic”