'We will continue to push back': Alberta to continue single-use plastics ban fight with federal government

Colourful plastic straws are seen in this file image. (Pexels/Pixabay)

Alberta's government will continue its court battle over regulations which lay the groundwork for a ban on single-use plastics.

In November, the Federal Court of Canada ruled that the Trudeau government’s order classifying plastics as toxic is both unreasonable and unconstitutional.

A week later, the federal government signalled it would appeal the ruling.

That move angered Alberta Premier Danielle Smith, who, in a Tuesday press conference, said the federal government should have accepted the ruling and moved on.

“They could have chosen to rewrite their plastics regulation so that it is compliant with the law,” Smith said Tuesday.

“Instead, they do what they always do, is they force us to fight for years in the court, to be able to go through all the processes and ultimately get the decision, which I think we’ll find that is unconstitutional, at which point they'll have to change it.

“But the uncertainty that they create, in the meantime, is having a major impact on business.”

Smith says Alberta will assume a role as an intervener in the upcoming appeal, arguing that the federal government’s labelling of plastic as a “toxic substance” is unconstitutional and a federal overreach into provincial jurisdiction.

“Ottawa cannot assume regulatory authority over any substance simply by designating it as toxic,” said Smith.

“We will continue to push back against Ottawa’s unconstitutional actions, including through this legal action, until they listen.”

The designation of plastic-manufactured items as toxic remains in effect, because the federal government moved plastic-manufactured items to a section of the Canadian Environmental Protection Act (schedule 1) through a legislative change that was outside the scope of the original court case.

That move came after the court challenge was launched.

Alberta Justice Minister Mickey Amery says the province will consider its options, including further legal action to remove plastic manufactured items from the current schedule one, as it now stands.

“Alberta is prepared once again to make the case for a constitutional jurisdiction before the courts,” Amery said.

“We will use every single legal avenue available to us to defend our economy and our livelihoods from federal government overreach.”