Despite the recent Federal Court decision that threatened the Liberals ban on single-use plastics, the ban on straws, bags, and other plastic items will remain in place until Prime Minister Trudeau is no longer in office.
In a recent ruling by Justice Angela Furlanetto, the Federal Court quashed the Liberal order that added Plastic Manufactured Items (PMI) to the national list of toxic substances.
However, this ruling does not affect current legislation, Bill S-5, which includes PMI in the national list of toxic substances.
After adding PMI to the list of toxic substances, the Liberals pushed through Bill S-5. But the Federal Court ruled on the unreasonableness of adding PMI to the list of toxic substances, and said nothing of the Liberals single-use plastics ban.
The single-use plastics ban is therefore vulnerable but it hasn’t been rescinded. The Trudeau Liberals have stated they intend to appeal the court decision. If they lose their appeal, there would be legal precedent to challenge the plastics ban (Bill S-5).
Regardless of the outcome of the appeal, the plastics ban will likely remain in place until at least after October 2025, which is the latest date by which the next federal election can take place.
Before the court decision, the feds argued that the attempt to challenge the federal government’s regulations on plastics was moot because it had become law. However, the group of plastic manufacturers continued with the challenge, resulting ultimately in the November 16th judgment.
Conservative leaders praise the court decision
Poilievre called the court decision “humiliating” for the Trudeau Liberals, adding that “Conservatives will keep fighting dumb policies like these.”
Alberta Premier Danielle Smith also cheered on the decision, saying, “It’s time for the federal government to listen to the courts and to Canadians.”
In recent studies, it has been shown that some paper straws that act as plastic alternatives ironically contain long-lasting and potentially toxic substances.
But as long as Trudeau remains in power, plastic straws won’t likely be coming back.