The Canadian Constitution Foundation is an intervener in the legal challenge to the federal “plastics ban” heard on June 25 and 26 at the Federal Court of Appeal.

The CCF argues that the federal “plastics ban” is outside the jurisdiction of Parliament’s criminal law power.

In November 2023, a Federal Court of Canada judge struck down the Trudeau government’s Cabinet Order declaring all “plastic manufactured items” as “toxic” under the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act. The Order had been challenged by a coalition of plastics companies who had argued that the Order was unreasonable and unconstitutional. At issue is the scope of the federal law power. Section 91(27) of the Constitution Act grants the federal government exclusive authority to make criminal law. Previous court rulings have found and affirmed that prohibiting truly toxic substances, like lead and mercury, under the Canadian Environmental Protection Act is a legitimate expression of that power. But the criminal law power cannot be used to justify the sweeping inclusion of every imaginable plastic product onto the list of “toxic” substances and therefore under federal authority.

We now await the decision from the Federal Court of Appeal.

Defending federalism (plastics ban case)


CCF Launch: June 24, 2024
Jurisdiction: Federal Court of Appeal
Status: Ongoing
Next Key Date: Awaiting decision

Donate
Related Press Releases: