The Alberta government will be joining as an opposing party to the Canadian government’s appeal about its single-use plastics restrictions. “Not only did they ignore reality, but once again, they ignored the law in doing so,” said Alberta Premier Danielle Smith at a Tuesday press conference. “Thankfully, last month, the Federal Court of Canada found the government’s actions to be unreasonable and unconstitutional.”.With this decision, Smith said it is “another useful reminder that the provinces are not subordinate to the central government.” Rather, she said the provinces are partners in confederation and should be treated as such. Since the Canadian government is appealing the Federal Court’s decision, she said the lesson is not sinking in and more reminders are necessary. She acknowledged plastics are not toxic. If they were toxic, they would not be in many products in the economy. That is why the Alberta government will continue to push back on the Canadian government’s orders. The premier went on to say the stakes are too high not to respond. If the Canadian government’s approach wins, she said it will be a disaster for the Albertan and Canadian economies. This approach would destroy the petrochemical industries, driving away tens of billions of dollars in investment and eliminating thousands of jobs. It could harm the developments being made in plastics reuse and recycling. To better serve people, she said the Canadian government should work with provinces and industry rather than by pushing forward unconstitutional laws. While the Alberta government hopes for change, the same pattern keeps playing out. She said its efforts are meant to appease radical environmental activists and focus more on rhetoric rather than results. She called them “undemocratic, unaffordable, and unacceptable.” All of these observations apply as much to the net-zero power grid, the carbon tax, and emissions as it does to plastics. Her promise is Alberta will fight every step of the way on every issue affecting Albertans. The Alberta government will continue to put facts and precedents before the courts. It will keep on doing this to sustain the prosperity supporting families and public services. Smith concluded by saying the Alberta government will keep innovating and developing solutions to eliminate plastic waste, reduce emissions, and protect the environment. Since Albertans have high expectations, she said she will deliver on them. Alberta Justice Minister Mickey Amery said the government will be intervening to say the single-use plastics ban is unreasonable and unconstitutional. “When the federal government listed plastic manufactured items as toxic, a number of industry groups challenged this designation in court,” said Amery. “To protect our constitutional jurisdiction, the Alberta government intervened in the case and the Federal Court’s decision confirmed the federal overreach was unconstitutional.”.With this case, Amery said the Alberta government’s position is the Canadian government exceeded its constitutional jurisdiction by listing plastics as toxic. Since the category of plastic manufactured items is so broad, he alleged allowing it to regulate them would enable it to control every aspect of the economy. Alberta Environment and Protected Areas Minister Rebecca Schulz said the ban is unconstitutional and unreasonable. “The Federal Court’s initial decision was correct, and it was common sense,” said Schulz. “Drinking straws and grocery bags are not the same as mercury or asbestos.”.She predicted the Alberta government will win this case. While the Canadian government says it is about protecting the environment, she said it knows it is about virtue signalling and not about fixing the problems. Smith followed up by saying Dow Chemical is preparing the legal strategy for this case. “It’s different than we took the lead on the Impact Assessment Act, and so we’ve had a slightly different process,” she said. “So we continue to watch it go through its various stages and hopefully we’ll be able get the kind of outcome we expect.”.She said it is disappointing the Canadian government would not accept defeat and come to the table to work with the Alberta government on developing a strategy to achieve what they want. What they agree on achieving is ensuring plastics are not diverted into river systems and the environment. Environment and Climate Change Minister Steven Guilbeault said on November 16 cabinet will likely appeal the Federal Court ruling about plastics regulations.READ MORE: Guilbeault to appeal Liberal’s plastics ban after ruled unconstitutionalThe Federal Court supported the manufacturers' complaint, ruling blacklisting plastic items as toxic was unreasonable.“The Government of Canada is carefully reviewing the Federal Court judgment and is strongly considering an appeal,” said Guilbeault.
