Full Breakdown
Supreme Court to Review Canada’s Single-Use Plastics Ban
By Drooid · · How we work
The Appeal Before the Nation’s Highest Court
The Supreme Court of Canada announced it will hear an appeal over the federal government’s ban on single-use plastics. The case will decide whether Ottawa can keep the ban that prohibits the manufacture and sale of items such as grocery bags, cutlery, styrofoam containers, stir sticks, straws and six-pack rings. The appeal stems from a 2023 Federal Court decision that struck down the ban, a ruling now overturned by the Federal Court of Appeal.
Legislative History and Legal Foundations
In 2021, the Liberal government listed all plastic-manufactured items as toxic under the Canadian Environmental Protection Act (CEPA). The following year, Ottawa began phasing in a ban on six specific single-use plastic products, citing their prevalence in litter and the availability of alternatives. The ban’s legal basis relies on the CEPA designation, which the government says follows a scientific assessment of environmental harm.
Government and Judicial Positions
Federal Court Justice Angela Furlanetto ruled that the blanket toxic classification was “too sweeping” and that the government had not proved that every plastic item harms human health or the environment, also raising concerns about provincial jurisdiction. The appellate judges held that the ban does not infringe on provincial powers and that the toxic listing was reasonable.
Industry Challenge and Environmental Advocacy
The Responsible Plastic Use Coalition, representing plastics manufacturers and three chemical companies, argued that Ottawa lacked testing to identify which plastics are harmful, making the ban unreasonable. Environmental Defence’s senior program manager, Karen Wirsig, urged Ottawa to maintain the ban pending the Supreme Court’s ruling, noting the rarity of appeals being granted.
Verbatim Quotes
- “It is rare for appeals to be granted so we were not particularly expecting it. However, it does open the opportunity for a stronger precedent for the listing from the Supreme Court of Canada,” — Karen Wirsig, senior program manager for plastics at Environmental Defence