Uploaded June 2024 | Updated September 2026, 3 weeks ago
In April 2021, the federal Cabinet issued an Order placing “plastic manufactured items” on the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act. They claimed authority to list every single imaginable plastic product as "toxic" using the criminal law power.
The "plastics ban" was challenged, and a federal court declared it unconstitutional. You can read that decision here: canlii.org/en/ca/fct/doc/2023/2023fc1511/2023fc1511.html?autocompleteStr=responsible%20plas&autocompletePos=1&resultId=5bb6d8947f36421497d99734a33093f4&searchId=2024-06-26T15:41:00:927/a3053b02eea14f7dba6caca8d08886f3
On June 25 and 26, the Federal Court of Appeal heard the appeal of the "plastics ban" case, and the Canadian Constitution Foundation intervened to make arguments about the scope of the federal criminal law power. We agree that this "plastics ban" is unconstitutional.
You can read more about our case, including our factum, here: theccf.ca/in-court-in-plastics-ban-case
In April 2021, the federal Cabinet issued an Order placing “plastic manufactured items” on the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act. They claimed authority to list every single imaginable plastic product as "toxic" using the criminal law power.
The "plastics ban" was challenged, and a federal court declared it unconstitutional. You can read that decision here: canlii.org/en/ca/fct/doc/2023/2023fc1511/2023fc1511.html?autocompleteStr=responsible%20plas&autocompletePos=1&resultId=5bb6d8947f36421497d99734a33093f4&searchId=2024-06-26T15:41:00:927/a3053b02eea14f7dba6caca8d08886f3
On June 25 and 26, the Federal Court of Appeal heard the appeal of the "plastics ban" case, and the Canadian Constitution Foundation intervened to make arguments about the scope of the federal criminal law power. We agree that this "plastics ban" is unconstitutional.
You can read more about our case, including our factum, here: theccf.ca/in-court-in-plastics-ban-case
