Federal Court Rules Canada's Ban on Single-Use Plastics Unconstitutional

The Federal Court of Canada has recently declared the Liberal government's ban on certain single-use plastic products as unconstitutional and unreasonable. In May 2022, Canada categorized items such as straws, stir sticks, bags, and takeout containers as toxic in an effort to achieve its zero plastic waste target by 2030 and reduce greenhouse gas emissions. Prime Minister Justin Trudeau had previously championed this initiative during his successful re-election campaign in 2019.

Chemical maker Dow, Exxon subsidiary Imperial Oil, and lobbying groups like the American Chemistry Council, along with two Canadian provinces, challenged the ban. They argued that the government failed to provide substantial evidence that proves the toxicity of plastics. Justice Angela Furlanetto stated in her judgment that the prohibition was both unreasonable and unconstitutional. She also highlighted that officials did not possess enough evidence to support the claim that all plastic items are toxic.

Canadian Environment Minister Steven Guilbeault's spokeswoman stated that officials are currently reviewing the decision and are considering a potential appeal.