Canadian Packaging

Canadian federal judge strikes down federal plastics as toxic decision is “unreasonable and unconstitutional”

By PAC Global   


On Nov. 16, Canadian Federal Court Justice Angela Furlanetto passed judgement on the Federal Government’s April 2021 decision that all plastic items are toxic.

Judge Furlanetto stated the category of plastic manufactured items was too broad to give a blanket toxicity label under federal law. Furlanetto wrote in her decision that adding a broad category of plastics to the list went beyond the rules of the [Environmental Protection] Act. She went further, outlining, “Not every item within [the plastic manufactured-items category] has the potential to create a reasonable apprehension of harm.” Ottawa is now arguing the judge’s ruling will not affect the single-use plastics ban (Bill S-5), which received royal assent in June 2023. Her ruling struck down the original order-in-council, which added plastics to the toxic-substance list, but did not rule on the constitutional validity of Bill S-5.

Steven Guilbeault, Minister of Environment and Climate Change, stated the government is considering appealing the decision.

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Category Captains 2023