Sask. government to intervene in federal plastic ban court challenge

The Saskatchewan government will be intervening in a court challenge of the federal government's single-use plastics ban, Justice Minister Bronwyn Eyre announced Tuesday.

The provincial government argues that the ban is an overreach of federal jurisdiction, as waste management has been a provincial responsibility, Eyre told reporters at the Legislature, adding there would also be negative economic impacts, especially for small businesses.

"It was an important opportunity to, once again, assert the fact that this is an overreach by the federal government," Eyre said. 

"Having the federal government come into this space increases duplication, it increases confusion, and it just adds another level of waste management."

There are other issues at play as well, she said, listing potential consequences to the economy and small businesses, as well as the matter of environmental regulation as examples.

A scientific assessment published in 2020 found that plastics pollute the environment and can harm wildlife — and humans.

The federal government later implemented several policy and regulatory changes, including the ban on manufacturing, selling and importing specific items: plastic checkout bags, straws, cutlery, six-pack rings, stir sticks and takeout containers made from hard-to-recycle plastics.

The ban is already in effect for some of those items, but others are still allowed until 2025.

Several Atlantic provinces and Canadian cities, including Regina, have already taken action against plastics. Some major companies, such as Sobeys, have also eliminated single-use plastics.

The plastics industry criticized the government's plan, saying it was flawed, overstepped and lacked the scientific evidence to be justified.

Four major companies launched a court challenge. Several parties have successfully applied to be interveners, including the Saskatchewan and Alberta governments. A federal court judge in Toronto will hear arguments this week.

The intervention mechanism allows non-parties that prove they have a stake in the case and they're arguments will add to the proceedings to participate in court.

Aside from overreach, the Saskatchewan government feels plastic should not be considered the same as other toxic substances, such as arsenic and mercury, Eyre said.

"That's a very extreme leap," she said.

The matter, she added, is not about toxic substances, but rather waste management, which is a provincial responsibility.

The Opposition NDP, meanwhile, feels there are other actions the provincial government could take that would better help residents and small businesses with affordability than intervening in court.

"The intervention is minimal," said NDP justice critic Nicole Sarauer. "The government often overhypes the amount of work that intervening in a court challenge ultimately is."

Jurisdictional challenges are important, Sarauer noted. But if the concern is affordability, she suggests things like freezing utility rates and boosting the local economy would have a greater impact more quickly.