Supreme Court to hear appeal on federal single-use plastics ban

OTTAWA · The Supreme Court of Canada will hear an appeal to decide the fate of the federal government's ban on single-use plastics. The court announced Thursday it will review the case, which challenges the 2022 prohibition on manufacturing and selling items like plastic straws, stir sticks, cutlery, takeout containers and six-pack rings. The government implemented the ban after listing "plastic manufactured items" as toxic under the Canadian Environmental Protection Act. Officials said they targeted those specific items because they are frequently littered and have readily available alternatives.

A Federal Court judge struck down the toxic listing in 2023, ruling it was unreasonable and unconstitutional. Justice Angela Furlanetto found the government did not prove all plastics are harmful and had overstepped into provincial jurisdiction. That ruling was overturned this January by the Federal Court of Appeal. A three-judge panel unanimously reinstated the ban, stating the lower court erred by conflating the two-step process of designating plastics as toxic and then regulating specific items.

The appeal court strongly rejected arguments from the plastics industry, which had challenged the initial listing. Industry representatives, including a coalition and three chemical companies, argued the government's decision was unreasonable due to a lack of testing on which plastics cause harm. The judges dismissed that view, writing, "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." Justice Donald Rennie, who authored the decision, called the lower court's analysis a "classic example of a court engaging in a 'line-by-line treasure hunt for error.'"

The federal government says the ban will remain in effect while awaiting the Supreme Court's ruling. "Canadians understand the importance of reducing pollution and waste," said Amy Falkner, press secretary for Environment Minister Julie Dabrusin. "The government will continue to work with all partners to reduce plastic waste and pollution." Environmental advocate Karen Wirsig of Environmental Defence said the appeal grant was unexpected but welcome. "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 said. The plastics industry coalition said in an online statement that it welcomes the chance to argue its case before the nation's highest court. The Supreme Court's decision to hear the appeal sets the stage for a final ruling on the legal foundation of Canada's single-use plastics ban.

With files from The Canadian Press, CityNews and CBC News