Supreme Court of Canada to Hear Appeal on Federal Single-Use Plastics Ban
The Supreme Court of Canada has agreed to hear an appeal regarding the federal government's ban on single-use plastics, which prohibits the manufacturing and importing of six types of items. The case follows a 2023 Federal Court ruling that struck down the ban and a January Federal Court of Appeal decision that unanimously reinstated it.
The Supreme Court of Canada will hear an appeal of Ottawa’s ban on single-use plastics, setting the stage for a final judicial review of a policy that has divided environmental advocates and industry groups.
In 2021, the Liberal government listed all plastic-manufactured items as toxic under the Canadian Environmental Protection Act. That designation served as the legal foundation for a ban covering the manufacturing and importing of six types of single-use plastics, including straws, grocery bags, stir sticks, and six-pack rings. The government selected these specific items because they are commonly found in litter and have known, accessible alternatives.
The Responsible Plastic Use Coalition challenged the order, leading to a 2023 Federal Court decision that ruled Ottawa had overstepped its authority by designating all "plastic manufactured items" as toxic. Federal Court Justice Angela Furlanetto struck down the ban that year, stating the classification was too sweeping and trespassing on provincial jurisdiction.
In January, a three-judge appellate panel at the Federal Court of Appeal unanimously overturned the lower court decision, allowing the federal government to keep the ban in place. Federal Court of Appeal Justice Donald Rennie authored the unanimous decision, describing the lower-court ruling as "a classic example of a court engaging in a line-by-line treasure hunt for error."
The appellate ruling represented a significant blow to Canada's plastics industry. The ban on manufacturing and importing the specified single-use plastics remains in place pending the Supreme Court's review.