Canadians want to avoid plastic disaster -- the plastics industry, not so much
Plastic pollution is what we call the second planetary crisis. And, plastics are made from hydrocarbon. So, it’s a linked problem. But they also come with all kinds of other toxic additives.
“This is really a case of private interests trying to stop legislation and regulation in the public interest,” Karen Wirsig, Seniors Plastics Program Manager with Environmental Defence, told Small Change.
Wirsig was referring to the fact that Dow Chemical, Imperial Oil and NOVA Chemicals, backed by American oil associations and the governments of Alberta and Saskatchewan took the federal government to court this week. The case was heard from March 7th to the 9th.
The special interest group is suing to overturn the designation of plastic-manufactured items as ‘Toxic’ under the Canadian Environmental Protection Act (CEPA).
If successful, the government would be prohibited from taking action against plastic pollution, including the legal basis of the 2022 ban on single-use plastics.
The suit was filed in May 2021 within the 30-day period after plastics were listed as a ‘Toxic’ substance under the CEPA. That listing is what the hearing was all about.
Including plastics on that CEPA list was a foundational first step giving the government the authority to regulate plastic in order to protect the environment and wildlife.
Additionally, it enables the federal government to develop bans on the manufacture, import, sale and export of six common single-use plastic items – bags, straws, cutlery, food service ware, stir sticks, and six-pack ring carriers.
The government’s decision is backed by strong scientific evidence and widespread support from Canadians and is in step with more than 50 countries that are also passing laws to fight plastic pollution.
Canada produces more than four million tonnes of plastic waste annually. Every minute, the equivalent of one garbage truck of plastic enters the global oceans.
Single-use plastics are the most common type of plastic pollution found in the environment. The evidence shows it not only kills wildlife, but causes suffering, injury and death to whales, seabirds and other animals. It also moves up our food chain.
“While the plastic industry is fighting progress, it is not providing any real solutions to the plastic crisis. They point to recycling as a solution, while knowing full well that less than nine per cent of plastic waste is recycled. Worse, the industry suggests that the carcinogen-releasing method of burning plastics is an emerging solution to plastic waste,” shared Anthony Merante, Plastics Campaigner at Oceana Canada.
When plastics are burned or incinerated, they generate dioxins and furans – some of the most toxic chemicals – that are then released into the air that we breath. They are known to cause cancer, bio-accumulate, and are closely monitored in waste incineration.
Anyone burning plastic in a camp fire or burn pit produces ash containing an extremely toxic mix of contaminants. This toxic ash can end up in the environment affecting wildlife and habitats.
There’s a lot of focus in Canada, and around the world, to ban the burning of plastic waste as a solution to the pollution issues.
Since no meaningful efforts have been undertaken by plastic producing corporations, Merante would like to see real solutions like providing Canadians with alternatives to unnecessary plastic packaging.
He maintains, “In the face of a global plastic disaster, continuing to ramp up production of single-use plastic that the industry is not responsible for when it’s found in the oceans is a business model that fills their wallets and fails all of us.”
Ecojustice, on behalf of Oceana Canada, Environmental Defence and Animal Justice, acted as an intervenor defending the government’s decision to list plastic as ‘Toxic’ under CEPA.
“Lawsuits are another way to delay progress. If business as usual continues, we will continue to pollute our oceans with billions of pieces of plastics, suffocating fish, whales, dolphins, turtles and sea birds,” said Merante.
“We need the support from all players, including the plastic industry, to stop plastic pollution.”
A decision is not expected for at least three to six moths. The case could potentially end up at the Supreme Court.
According to Wirsig, “This is really a case of private interests trying to stop legislation and regulation in the public interest.”
She went on to say, “The law is there. They [plastic manufacturers] can’t challenge the law. The law has existed for a long time in the CEPA which is the framework, but they are challenging the listing and they are challenging the regulations that come as a result of that listing.”
The first set of those regulations have been released and are final on the ban of the six single-use plastics. That means, if the plastics industry wins in court, what the government has done so far is at risk.
“Plastic pollution is what we call the second planetary crisis. And, plastics are made from hydrocarbon. So, it’s a linked problem. But they also come with all kinds of other toxic additives,” argued Wirsig.
“So, there’s a reason that countries around the world are consumed with the problem of plastic pollution and trying to deal with it. Canada’s by no means the only country banning single use plastics.”
A recent Abacus Data survey commissioned by Oceana Canada, found 95 per cent of Canadians are concerned about the impact plastic has on the oceans. Over 90 per cent support a federal ban on unnecessary single-use plastics.
At the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity in December 2022, the Government of Canada reaffirmed its commitment to address plastic pollution and protect biodiversity at home and globally.
“The continued production of single-use plastic is unsustainable and will prohibit Canada from meeting its commitment to zero plastic waste. If the plastic industry wins this lawsuit, we will continue to see whales washing ashore, turtles drowning and more plastics in our food, water and blood,” stated Merante.
Related article: On World Ocean’s Day fight against cruise ship pollution on Canada’s coast.