Court overturning single-use plastic ban ‘devastating,’ says UBC expert

By Ijeoma Ukazu

An expert on oceans and fisheries slammed a recent Federal Court decision to overturn the Liberal government’s ban on single-use plastics, calling the move “terrible” for oceans and marine life.

While Canada plans to achieve net zero plastic waste by 2030, the possibility of this has just been pushed further away, according to Rashid Sumaila, an economist at the Institute for the Oceans and Fisheries at the University of British Columbia in Vancouver.

“This does not help us meet that target,” he said. “It makes it more difficult.”

The Federal Court ruled on Nov. 16 that the listing of plastic manufactured items as toxic substances was both unreasonable and unconstitutional under the Canadian Environmental Protection Act.

Justice Angela Furlanetto said in her decision that the “thousands” of goods in that category of plastics all have unique purposes and chemical compositions and there is no evidence showing that any of them pose a threat to human health or the environment.

“It is terrible for the environment, the ocean, and the animals that live in the ocean because plastic pollution is one of the big problems the oceans are facing.”

Rashid Sumaila, University of British Columbia oceans and fisheries economist

“Our government intends to appeal the Federal Court’s decision and we are exploring all options to continue leading the fight against plastic pollution,” Environment Minister Steven Guilbeault and Justice Minister Arif Virani said in a joint statement Nov. 20.

Environment Canada did not respond to a request for comment.

With low recycling efforts, Sumaila said he worries the environment will be impacted as plastics such as straws are used and thrown away in landfills.

“It is terrible for the environment, the ocean and the animals that live in the ocean because plastic pollution is one of the big problems the oceans are facing,” he said.

Sumaila said some water animals, such as fish, see this microplastic in the ocean and mistake it for algae —a plant— and they eat it.

“These plastics can pollute the fish, and if we eat the same fish, we get polluted,” said Sumaila, who holds a Canada Research Chair in interdisciplinary oceans and fisheries economics.

He said the court may have thought its decision was best for Canadians, but for the environment, it is bad.

Concerned about her future and the environment, an undergraduate student at Carleton University said she is optimistic the federal government will put in place an adequate plan to fight climate change.

“Climate anxiety is something I think about,” said Sophia Foglia, a fourth-year journalism student.

Foglia said she is worried about the climate and tries not to work herself up. “I hope there is a sustainable plan for the future because climate change and its negative impact are real.”

The 21-year-old said she hopes the Canadian government finds a lasting solution to climate issues.

“With the overturn of the single-use plastic ban, I am terribly disturbed about the impact on our climate,” she said. “The floods, wildfires and erosion are all linked to climate change.”

The court’s decision was also slammed by leading environmental groups, including Greenpeace Canada.

“This decision is a step backwards for the environment but will just cause backlash for Big Plastic — these are companies producing plastics. Big Plastics thinks it operates in a silo where it can keep producing and profiting amidst the pollution amidst climate crises surrounding it,” said Sarah King, Greenpeace Canada’s head of oceans and plastics campaigns, in a statement.

King’s statement urged the Canadian government to appeal the decision, continue to take strong measures to achieve zero plastic waste by 2030 and support an ambitious treaty that helps accelerate a just transition to a reuse-based economy.

“Plastic pollution is not only an environmental problem but also a climate crisis,” Sumaila said.

Sumaila said more plastic in the environment means more generational carbon dioxide, which aggravates climate change. The consequences are huge, affecting the temperature and resulting in melting ice caps and a rise in sea levels.

Sumaila said all these can lead to more flooding and wildfires, as witnessed in June 2021, when the town of Lytton, B.C., experienced higher temperatures than West Africa, hitting almost 50C, and a devastating wildfire that destroyed about 1,000 buildings.

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