The Federal Court of Appeal has granted Animal Justice intervener status in a legal challenge about Canada’s regulation of plastic products under the Canadian Environmental Protection Act (CEPA). The appeal has significant implications for animals – millions of whom are injured and even killed by plastics released into the environment each year – and Animal Justice will work to advance the interests of animals and advocate for strong, coordinated action to tackle our global plastic pollution crisis.
Plastic pollution is one of the most critical environmental crises of our time, causing pain, suffering and death to millions of animals globally. Canadians have released tens of thousands of tonnes of plastic pollution into the environment. Plastic products break down extremely slowly and so the amount of plastic in the environment is only increasing. Turtles, whales, fishes, birds, seals, and countless other animals are paying the price.
In an attempt to curb this crisis, the federal government made the decision to add “plastic manufactured items” to the list of toxic substances under CEPA – Canada’s keystone environmental law. This decision allowed the government to pass regulations banning some of the most harmful single use plastic products including shopping bags, six-pack rings, and stir sticks. It also enables Canada to pass additional regulations in the future to tackle other forms of plastic pollution, such as ghost fishing gear.
The plastic industry challenged the lawfulness of the federal government’s decision to list plastic items as “toxic” and unfortunately the Federal Court agreed with the industry, finding that the federal government’s decision was unreasonable and unconstitutional. The federal government is now appealing the Federal Court’s decision.
Animal Justice, together with Animal Environmental Legal Advocacy, Canada’s only intersectional animal and environmental advocacy organization, has received permission from the Federal Court of Appeal to intervene in the case to highlight the harm to wild animals caused by plastic pollution. Animal Justice also intervened before the Federal Court.
In its first time at the Federal Court of Appeal, Animal Justice will argue that, in making a decision about this case, the Court must not forget about the victims: millions of animals who suffer and die from suffocation, entanglement, ingestion and more due to improperly discarded plastic products. Animals need all levels of government to take strong, coordinated action to prevent plastic pollution.
