Supreme Court of Canada to hear appeal on single-use plastics ban

The Supreme Court of Canada announced Thursday that it will hear an appeal challenging the federal government’s ban on single-use plastics. The decision will determine whether the ban, which prohibits the manufacture and sale of specific plastic items, can remain in effect.

The Ban and Legal History

In 2022, Ottawa phased in a ban on the manufacture and sale of six single-use plastic items. According to the government, these items were chosen because they are commonly found in litter and have known, accessible alternatives. The banned items include straws, stir sticks, cutlery, takeout containers, and the six-pack rings used to hold soda and beer cans.

To implement the ban, the federal government listed "plastic manufactured items" as toxic under the Canadian Environmental Protection Act, following a scientific assessment. This classification was challenged by a group representing companies in Canada’s plastics industry, along with three chemical companies that manufacture plastics.

In 2023, the Federal Court ruled that the listing was too broad, stating that the federal government had failed to demonstrate that all plastic items harm human health or the environment. However, in January, the Federal Court of Appeal overturned this decision, allowing the ban to stay in place. The three-judge panel unanimously ruled that the decision to list plastic manufactured items as toxic was reasonable.

Arguments on Toxicity and Regulation

The plastics industry argued that a lack of testing to determine which plastics are harmful made Ottawa’s decision unreasonable. The Court of Appeal dismissed this argument, emphasizing the physical nature of the pollution problem rather than the chemical composition of the materials.

"To put the matter bluntly … the chemical content of (plastics) is irrelevant to the sea otter choking on a plastic straw. The problem is the plastic item itself, not its chemistry," the judges wrote.

The appellate judges also argued that the lower court had erred by viewing the regulatory process as one step, when it was actually a two-step process: designating plastics as toxic and then regulating individual plastic items.

Reactions and Next Steps

Karen Wirsig, senior program manager for plastics at Environmental Defence, said Ottawa should maintain the ban pending the Supreme Court decision. "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," Wirsig told The Canadian Press.

The office of Environment Minister Julie Dabrusin confirmed that the plastics ban will stay in place until the Supreme Court rules on the matter. "Canadians understand the importance of reducing pollution and waste," Dabrusin’s press secretary Amy Falkner said in a statement. "The government will continue to work with all partners to reduce plastic waste and pollution."

The group representing plastics companies stated on their website that they welcome the opportunity to bring the case to the Supreme Court.

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Sources

• theglobeandmail.com: Supreme Court to hear appeal related to Ottawa’s single-use plastics ban - The Globe and Mail
• chrisd.ca: Supreme Court Will Hear Appeal Affecting Canada's Plastics Ban
• redfm.ca: Canada’s Supreme Court to Hear Final Appeal on Federal Single-Use Plastics Ban
• winnipegsun.com: Supreme Court will hear appeal affecting Ottawa's single-use plastics ban | National News | winnipegsun.com

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.