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Trudeau's "plastics ban" is illegal and unconstitutional
Trudeau's "plastics ban" is illegal and unconstitutional
Canadian Constitution Foundation - Jun 26, 2024
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: https://www.canlii.org/en/ca/fct/doc/2023/2023fc1511/2023fc1511.html
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: https://theccf.ca/in-court-in-plastics-ban-case/
The Fight Against Ottawa’s Crazy and Unconstitutional Single-Use Plastics Ban : https://c2cjournal.ca/2024/06/the-fight-against-ottawas-crazy-and-unconstitutional-single-use-plastics-ban/
- In their rush to strike a virtuous blow against plastic waste, the federal Liberals skipped a few important steps. The 2022 ban on plastic straws, shopping bags and other useful household items deliberately ignored the basic facts of waste disposal in Canada, as well as the economic reality of substituting other materials for cheap and effective plastic. What else got overlooked? Canada’s Constitution. With a court hearing set for later this month to decide on the fate of the ban, Christine Van Geyn takes a close look at the legal arguments involved in Ottawa’s efforts to phase out certain plastic items, and the vast constitutional threat this poses if allowed to stand.
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