Appeals Court Upholds Ottawa’s Toxic Plastic Classification

The Federal Court of Appeal has affirmed the Canadian government’s classification of plastics as toxic. This ruling plays a crucial role in Ottawa’s ongoing initiative to ban single-use plastic items. The unanimous verdict comes as a significant setback to the plastics industry, which previously contested these regulations.

Background of the Ruling

In 2021, under the Canadian Environmental Protection Act, the Liberal government classified all plastic products as toxic. This determination enabled the federal environment minister to initiate regulations aimed at prohibiting single-use plastics on a national scale. Targeted items included checkout bags, cutlery, styrofoam containers, stir sticks, and plastic straws.

Legal Challenges and Outcome

In 2023, Federal Court Justice Angela Furlanetto struck down the government’s ban. She argued that the decision to classify all plastic-manufactured items (PMI) as toxic was overly broad. Justice Furlanetto contended that the federal government failed to demonstrate that all types of plastics ultimately harm human health or the environment. She also noted that the ruling encroached upon provincial jurisdiction.

The case was brought forward by several major industrial corporations, including Dow Chemical, Imperial Oil, and Nova Chemicals, which opposed the classification. Following Justice Furlanetto’s ruling, the Liberal government, led by Prime Minister Justin Trudeau and former Environment Minister Steven Guilbeault, appealed the decision.

Court’s Findings

The appeal court judges declared that the previous ruling was based on incorrect assumptions and failed to establish any constitutional violations. They maintained that the government’s decision was reasonable, given the potential toxicity of plastics to both human health and the environment.

Future Implications

• The decision allows the federal government to advance its ban on single-use plastics.
• The plastics industry still has the option to appeal to the Supreme Court of Canada.

This ruling represents a pivotal moment in Canada’s efforts to combat plastic pollution. With the legal battle potentially continuing, stakeholders from various sectors will closely monitor the implications of this decision.