Advocacy organizations call for an appeal following the court’s decision against Canada’s ban on single-use plastics.
Advocacy organizations are calling on the federal government to challenge a recent federal court decision that poses a threat to Canada’s ban on single-use plastics. The court, in its Thursday ruling, deemed that the government exceeded its authority by employing a cabinet order to classify plastic as a “toxic” substance under the Canadian Environmental Protection Act. This classification serves as the foundation for the federal prohibition on certain single-use plastics, encompassing items like straws, ring carriers, plastic bags, and some challenging-to-recycle plastic containers that often find their way into rivers and oceans through rainfall.
“Canada must quickly appeal this court decision and move forward with its planned regulatory and policy agenda, including bans on harmful single-use plastics,” said Ashley Wallis, associate director of the Canadian group Environmental Defence, in an email.
“Environmental Defence will not be backing down from this fight, and we urge the federal government to stand firm,” said Wallis.
The legal dispute was initiated by the Responsible Plastic Use Coalition, a collective representing over 30 companies in the plastic industry.
This includes Canada’s three largest plastic producers—NOVA, Dow, and Imperial Oil—along with packaging companies and a recycling entity. In an online statement, the coalition expressed its endorsement of the Federal Court’s decision to uphold significant principles of the Canadian Environmental Protection Act (CEPA).
“In the interest of Canadians who rely on plastic products that are essential to everyday life, we believe that federal government and industry can work collaboratively to reduce plastic waste and we look forward to developing solutions together,”
The coalition wouldn’t respond to a question on its plans to reduce plastic waste.
The Federal Court’s timing of the decision clashes with Canada’s involvement in meetings this week in Nairobi, where global negotiations are underway to draft a treaty addressing plastic pollution worldwide by the end of 2024. Muhannad Malas, a director of law reform at Ecojustice, currently participating in the negotiations, expressed concern among environmental advocates about the presence of over 143 lobbyists from the fossil fuel and plastics industry during this week’s proceedings.
“News of the court decision seems to confirm that industry is only interested in delaying and avoiding action on plastics at the expense of the health of our communities and the environment,”
The upcoming meeting for treaty negotiations is slated to take place in Canada in April.
In the absence of a robust global treaty, environmental organizations like Greenpeace project that plastic production could potentially double within the next 10 to 15 years and triple by the year 2050.
