The Canadian federal government labelled single-use plastics as toxic substances under the Canadian Environmental Protection Act, and the Saskatchewan government, along with its Alberta counterpart, is looking for a judicial review of the decision.
“It is our position that the federal government cannot simply declare plastics to be under its environmental jurisdiction,” said Saskatchewan justice minister and attorney general Bronwyn Eyre.
“Under the constitutional division of powers, it is well-established that provinces have exclusive jurisdiction to regulate specific industries. Establishing a competing federal regulatory framework in this area will simply create duplication, confusion and economic harm.”
The challenge will be heard from Tuesday to Thursday in Toronto.
The importation and manufacture of single-use plastics were banned in Canada on Dec. 20, with the full implementation of the ban coming in waves.
Anthony Merante with Oceana said large plastic corporations are trying to go against the federal government’s decision. On Tuesday, these companies will argue why they think this labelling is wrong, with Wednesday and Thursday hearing the positions of the federal government, as well as environmental groups like Oceana.
“This is one of the most important environmental court cases in Canadian history right now,” Merante said.
He said Canada has access to three oceans and uses more single-use plastics than the average global citizen.
“Only eight per cent of our plastic waste is recycled, and a lot of that is ending up in our environment, either right to landfill, it’s being burned and put into the air, or it’s going right into nature.”
Merante said plastics are being found in fish, adding that gets passed on to us eventually.
“We eat about a credit card’s worth of plastic every week.”
He said plastics are being found in our blood, in the deepest part of our lungs, and is being passed on to unborn children through the mother’s placenta.
“The environment is worth protecting, our oceans are worth protecting, and that’s what is being argued in court today.”
He said big plastic corporations are shrugging off the responsibility and putting the onus on people to use less plastics or recycle more.
The province says it will provide a public interest perspective, and argue that the federal government’s jurisdiction over environmental protection ends at already established toxic substances.
Saying that all plastic-manufactured items qualify as toxic, it said, is not supported under federal criminal law powers.
According to the federal government, the new regulations will result in the elimination of more than 1.3 million tonnes of plastic waste and more than 22,000 tonnes of plastic pollution, which equals at least a million full garbage bags.
The next step in the regulations is the banning of the sale of single-use plastics, which is set to roll out in December 2023, and a ban on manufacturing, importation and sale of single-use plastics for export coming in 2025.
The Responsible Plastic Use Coalition said it would reserve comments while the proceedings were before the court, but noted that it has two judicial review applications. One is for whether the feds have the authority to designate all plastic manufactured items as toxic substances, and the other challenges the banning of six single-use plastics.
– with files from Global News’ Taya Fast