The Supreme Court just agreed to hear Big Plastics' appeal — the fate of Canada's single-use plastics ban is now up to the top court

OTTAWA — The Supreme Court of Canada said Thursday it will hear an appeal of Ottawa's ban on single-use plastics, giving the plastics industry one last shot at killing a ban that covers six types of single-use plastic items.

The Canadian Press reported that the Federal Court of Appeal overturned a lower-court decision in January, allowing the federal government to keep the ban in place. A 2023 Federal Court decision in a case brought by the plastics industry had found Ottawa overstepped by designating all "plastic manufactured items" as toxic.

In a unanimous decision in January, the three-judge appellate panel ruled the federal government's decision to list plastic manufactured items as toxic was reasonable, CP reported.

What the ban covers

Ottawa used the toxic designation under the Canadian Environmental Protection Act to ban the manufacture and import of six types of single-use plastics: straws, grocery bags, stir sticks, cutlery, styrofoam containers and the six-pack rings used to hold soda and beer cans. The government has said it chose those items because they were commonly found in litter and had known and accessible alternatives.

The industry group, the Responsible Plastic Use Coalition, said in a statement posted to its website that it welcomes the opportunity to bring the case to the Supreme Court, according to CP. Environmental Defence, an intervenor in the lower-court cases, argued Ottawa should maintain the ban while the top court considers the case.

"It is rare for appeals to be granted so we were not particularly expecting it," Environmental Defence's Karen Wirsig told CP, adding that the decision "opens the opportunity for a stronger precedent."

Where it goes from here

Environment Minister Julie Dabrusin's office said the plastics ban will stay in place until the Supreme Court rules on it, CP reported. "Canadians understand the importance of reducing pollution and waste," the minister's press secretary Amy Falkner said in a statement, adding that the government will continue working with partners to reduce plastic waste.

The case began in 2021, when the Liberal government listed all plastic-manufactured items as toxic under the act. The Responsible Plastic Use Coalition challenged the order; in 2023, Federal Court Justice Angela Furlanetto struck it down, ruling the decision was too sweeping and trespassed on provincial jurisdiction. The appeal court rejected that reasoning, with Justice Donald Rennie describing the lower-court ruling as "a classic example of a court engaging in a 'line-by-line treasure hunt for error,'" the news outlet Europesays reported, citing CP.

A hearing date has not been set. The Supreme Court grants leave in a small minority of cases, making Thursday's decision a significant win for the industry regardless of the outcome.