CALGARY — The Canadian Federal Court of Appeal overturned a lower court decision on Friday, giving Ottawa the power to keep its single-use plastics ban in place.In a unanimous decision, a three-judge panel of the court ruled that Ottawa acted reasonably when it classified “plastic manufactured items” as toxic under federal environmental law.The decision reverses a 2023 ruling by the Federal Court, which found the government had overreached by applying the toxic designation too broadly.The Liberal government originally listed all plastic items as toxic under the Canadian Environmental Protection Act in 2021.Ottawa used the designation to regulate a ban on the manufacture and import of six types of single-use plastics, including straws, grocery bags, stir sticks, and plastic rings used to hold beverage cans.The federal government argued those items were selected because they are among the most commonly found forms of plastic litter and because readily available alternatives exist.The appeal court also ruled the government acted reasonably in deciding not to convene a board of review to further assess the environmental risks associated with plastics.The decision drew criticism from the Conservative Party.In a statement, Ellis Ross, the Conservative shadow minister for the environment, said the ruling would “continue to force the Liberals’ unscientific plastics ban on Canadians,” arguing it would raise costs for consumers..Ottawa spends $45k to learn most Canadians don’t care about plastic ban .Ross pointed to Conservative efforts to roll back related policies, including a private member’s bill introduced in 2024 by Conservative MP Corey Tochor aimed at allowing consumers more choice at grocery stores.“Just this past fall, Conservatives introduced a motion in the House of Commons to reverse Liberal hidden taxes on food, including the industrial carbon tax, the clean fuel regulations, and the food packaging tax—something that Liberals voted down,” he said."Conservatives will continue to stand up against Liberal policies and taxes that turn basics into luxuries and fight for an affordable Canada."Christine Van Geyn, litigation director for the Canadian Constitution Foundation (CCF), expressed her disappointment with the ruling.“This federal government is always looking for new ways to take control over areas that are not theirs, including using environmental protection as an excuse to centralize power in Ottawa,” Van Geyn said.“The CCF will be there going forward to ensure environmental protection does not become a cover for expanding federal power beyond what the Constitution intended.”Other organizations, however, expressed their support for the court’s decision, with Lisa Gue, national policy manager of the David Suzuki Foundation, saying the decision lays the groundwork for Canada to take the “bold action needed to tackle plastics and other toxic pollution at the source.”“Canada’s iconic natural spaces are under threat from the scourge of plastic pollution,” Gue said.“Plastic is toxic, and so is Canada’s relationship with it. It’s time to break up with plastics — to protect the health of the environment and everyone who depends on it.”
