A Trudeau-appointed federal judge slapped down a Liberal government action, as “both unreasonable and unconstitutional.” The Federal Court of Canada ruled in favour of several plastics companies in their complaint that challenged Liberal ideology concerning the Canadian Environmental Protection Act. They were supported in their challenge by the Saskatchewan and Alberta governments.The Honourable Madam Justice Furlanetto, on November 16, wrote, "I find the Order and its corresponding listing of “Plastic Manufactured Items” on Schedule 1 of the List of Toxic Substances under Canadian Environmental Protection Act, to be both unreasonable and unconstitutional.”The Government of Canada has announced that it will appeal, however.To fulfill the Liberal environmental Pollyanna about the use of plastics in society, the Liberals tried a “Hail Mary Pass” action by just adding thousands of “Plastic Manufactured Items” [PMI] to the dangerous toxic list under federal law.The application for judicial review of the decision that added Plastic Manufactured Items” [PMI] to the List of Toxic Substances, was wrong under the Act (unreasonable) and also was within provincial jurisdiction (unconstitutional).PMI are things such as plastic checkout bags, stir sticks, six-pack rings, cutlery, straws, food service containers and cutlery. The judge said, “there is no reasonable apprehension that all listed plastic manufactured items are harmful.” Despite the ruling, the Liberals are still likely to try and pursue their hobby-horse issues to save the last few votes they have from the anti-firearm fanatics and the radical naïve environmentalists. Some groups are likely to claim the planet is under dire threat from plastic.The Responsible Use Plastic Coalition contends federal jurisdiction over toxic substances is narrow and waste management is up to the provinces. The groups argue varied plastic items are not a “substance” and are not “toxic,” as they are vital in the medical field and cannot be listed as toxic under the law. After hearing considerable arguments and reviewing reports and expert testimony, the judge said Ottawa’s maneuver to list plastic items as toxic was wrong.In the ruling, Justice Angela Furlanetto wrote the categories of plastic-manufactured items were too broad to be given a blanket toxicity label under federal law. She ruled the government process to get to that decision was unreasonable, based on the evidence. The Liberal government failed to demonstrate it had enough scientific evidence to justify the regulation. The government is only able to regulate substances for environmental protection if they are listed as toxic under the Canadian Environmental Protection Act. The Liberals also violated the Constitution by venturing into provincial jurisdiction, consequently having the action declared unconstitutional. Some have said it is just one page in the Liberal fight with Alberta, as the war on plastic is simply a proxy war on oil, the feedstock for plastics.Liberal Environment Minister Steven Guilbeault lost. The whole legal affair has cost the taxpayer millions. It was a bad day for the intense activist minister, whom some claim is a misplaced radical who has no legitimate place in any government. Guilbeault said in a statement the government remains steadfast to keep plastics out of the environment, but didn't say exactly what it will do. It is hard to exaggerate the significance of the federal government's war on plastics. Whatever sympathy one might have for reducing single-use items, plastics have made modern life possible and much safer, from the miracle of protective sports gear for football and hockey, to significant strides in general food safety. There are many applications in modern medicine, to name just a few.Recall that early plastic was a substitute for ivory. Surprisingly, the first commercial plastic was made from cotton. In 1863, elephant ivory was getting scarce, so an American ivory billiard ball manufacturer offered a $10,000 reward to any inventor who could find an alternative material for the balls. Amateur inventor John W. Hyatt took the challenge and experimented with cotton wool and nitric acid. He came up with cellulose nitrate, which he called "celluloid", an off-white and malleable material that would hold its shape in the right situations. Hyatt’s invention went on to have thousands of uses, with commercial celluloid enabling the development of movie film.Consequently, the movie industry was born and plastics made the movies possible. While the very first cinema film reels were made of paper, celluloid's strength and malleability meant it was the perfect material for increasing the practicality of making cinema films. This plastic could be made into long strips and painted with a chemical that would alter in the presence of light. Celluloid arrived just at the right time, eventually creating a multi-billion-dollar industry worldwide.Remember Bakelite? It was the material of a thousand uses. In 1907, Bakelite arrived on the scene — a plastic made from a synthetic by-product of coal gas. It was brittle and dark brown but could be formed into many different and lasting shapes. Its electrical insulation properties made it great for light fixtures, plugs, sockets or protective cookware handles. Plastic was vital in the Second World War. In the 1930s and '40s, chemists created many new plastics, including polyethylene. Importantly, polyethylene was used to insulate the long electrical lines used by the Allied forces' radar and helped them protect the UK's supply ships in the Atlantic. It gave pilots the edge and contributed to the outcome of the war. Plastics had countless applications such as nylon that was used to replace silk parachutes. Acrylics were used for the windows on bomber turrets and plastic helmets replaced metal helmets. Music could now be recorded. Until the middle of the 19th Century, people were only able to listen to live music played on instruments. Then the phonograph cylinder was invented by Thomas Edison. Made of wax, the first cylinders allowed the recording and playback of sound, but changing to plastic drastically improved the shelf life and quality of recordings, making them durable, marketable, with realistic reproduction. Later breakthroughs of vinyl records, cassette tapes and CDs made music accessible to the public on a massive scale, all thanks to plastic.Hospitals became more hygienic. By creating new formulas, inventors could make plastic elastic and soft. These properties were perfect for hospital equipment and allowed glass bottles and rubber tubing (difficult to sterilize and prone to cracking) to be replaced by blood bags and tubing. In addition, disposable syringes made it easier to keep hospitals hygienic to save lives. Hospitals are full of plastic components.After the Second World War, the petrochemical industry was expanding. Many new plastic materials led to the 'Plastic Revolution.' Economies of scale meant plastic could be inexpensive and customized for countless uses. Around the 1960s, single-use plastic products such as cutlery, plates and cups started to appear. It was a marketer’s dream that saved time and therefore money. Walmart or any grocery chain could not exist without plastics for products. The automaker industry worldwide could not survive without the massive use of plastics.Plastic reduces food waste and protects it from contamination. According to Environment and Climate Change Canada, Canadians waste 79 kilograms of household food, per capita, per year, for a total of 2.94 million metric tonnes of household food waste annually, which unnecessarily contributes to carbon emissions. Packaging food in plastic dramatically reduces food waste and extends shelf-life. It allows a reduction in product damage and preserves perishables in transit.To moderate the disposal problem of cheap disposable packaging, we need to improve the way we use and value plastic, which aggressive provincial programs can accomplish. The mantra must be Reduce, Reuse, Recycle.
A Trudeau-appointed federal judge slapped down a Liberal government action, as “both unreasonable and unconstitutional.” The Federal Court of Canada ruled in favour of several plastics companies in their complaint that challenged Liberal ideology concerning the Canadian Environmental Protection Act. They were supported in their challenge by the Saskatchewan and Alberta governments.The Honourable Madam Justice Furlanetto, on November 16, wrote, "I find the Order and its corresponding listing of “Plastic Manufactured Items” on Schedule 1 of the List of Toxic Substances under Canadian Environmental Protection Act, to be both unreasonable and unconstitutional.”The Government of Canada has announced that it will appeal, however.To fulfill the Liberal environmental Pollyanna about the use of plastics in society, the Liberals tried a “Hail Mary Pass” action by just adding thousands of “Plastic Manufactured Items” [PMI] to the dangerous toxic list under federal law.The application for judicial review of the decision that added Plastic Manufactured Items” [PMI] to the List of Toxic Substances, was wrong under the Act (unreasonable) and also was within provincial jurisdiction (unconstitutional).PMI are things such as plastic checkout bags, stir sticks, six-pack rings, cutlery, straws, food service containers and cutlery. The judge said, “there is no reasonable apprehension that all listed plastic manufactured items are harmful.” Despite the ruling, the Liberals are still likely to try and pursue their hobby-horse issues to save the last few votes they have from the anti-firearm fanatics and the radical naïve environmentalists. Some groups are likely to claim the planet is under dire threat from plastic.The Responsible Use Plastic Coalition contends federal jurisdiction over toxic substances is narrow and waste management is up to the provinces. The groups argue varied plastic items are not a “substance” and are not “toxic,” as they are vital in the medical field and cannot be listed as toxic under the law. After hearing considerable arguments and reviewing reports and expert testimony, the judge said Ottawa’s maneuver to list plastic items as toxic was wrong.In the ruling, Justice Angela Furlanetto wrote the categories of plastic-manufactured items were too broad to be given a blanket toxicity label under federal law. She ruled the government process to get to that decision was unreasonable, based on the evidence. The Liberal government failed to demonstrate it had enough scientific evidence to justify the regulation. The government is only able to regulate substances for environmental protection if they are listed as toxic under the Canadian Environmental Protection Act. The Liberals also violated the Constitution by venturing into provincial jurisdiction, consequently having the action declared unconstitutional. Some have said it is just one page in the Liberal fight with Alberta, as the war on plastic is simply a proxy war on oil, the feedstock for plastics.Liberal Environment Minister Steven Guilbeault lost. The whole legal affair has cost the taxpayer millions. It was a bad day for the intense activist minister, whom some claim is a misplaced radical who has no legitimate place in any government. Guilbeault said in a statement the government remains steadfast to keep plastics out of the environment, but didn't say exactly what it will do. It is hard to exaggerate the significance of the federal government's war on plastics. Whatever sympathy one might have for reducing single-use items, plastics have made modern life possible and much safer, from the miracle of protective sports gear for football and hockey, to significant strides in general food safety. There are many applications in modern medicine, to name just a few.Recall that early plastic was a substitute for ivory. Surprisingly, the first commercial plastic was made from cotton. In 1863, elephant ivory was getting scarce, so an American ivory billiard ball manufacturer offered a $10,000 reward to any inventor who could find an alternative material for the balls. Amateur inventor John W. Hyatt took the challenge and experimented with cotton wool and nitric acid. He came up with cellulose nitrate, which he called "celluloid", an off-white and malleable material that would hold its shape in the right situations. Hyatt’s invention went on to have thousands of uses, with commercial celluloid enabling the development of movie film.Consequently, the movie industry was born and plastics made the movies possible. While the very first cinema film reels were made of paper, celluloid's strength and malleability meant it was the perfect material for increasing the practicality of making cinema films. This plastic could be made into long strips and painted with a chemical that would alter in the presence of light. Celluloid arrived just at the right time, eventually creating a multi-billion-dollar industry worldwide.Remember Bakelite? It was the material of a thousand uses. In 1907, Bakelite arrived on the scene — a plastic made from a synthetic by-product of coal gas. It was brittle and dark brown but could be formed into many different and lasting shapes. Its electrical insulation properties made it great for light fixtures, plugs, sockets or protective cookware handles. Plastic was vital in the Second World War. In the 1930s and '40s, chemists created many new plastics, including polyethylene. Importantly, polyethylene was used to insulate the long electrical lines used by the Allied forces' radar and helped them protect the UK's supply ships in the Atlantic. It gave pilots the edge and contributed to the outcome of the war. Plastics had countless applications such as nylon that was used to replace silk parachutes. Acrylics were used for the windows on bomber turrets and plastic helmets replaced metal helmets. Music could now be recorded. Until the middle of the 19th Century, people were only able to listen to live music played on instruments. Then the phonograph cylinder was invented by Thomas Edison. Made of wax, the first cylinders allowed the recording and playback of sound, but changing to plastic drastically improved the shelf life and quality of recordings, making them durable, marketable, with realistic reproduction. Later breakthroughs of vinyl records, cassette tapes and CDs made music accessible to the public on a massive scale, all thanks to plastic.Hospitals became more hygienic. By creating new formulas, inventors could make plastic elastic and soft. These properties were perfect for hospital equipment and allowed glass bottles and rubber tubing (difficult to sterilize and prone to cracking) to be replaced by blood bags and tubing. In addition, disposable syringes made it easier to keep hospitals hygienic to save lives. Hospitals are full of plastic components.After the Second World War, the petrochemical industry was expanding. Many new plastic materials led to the 'Plastic Revolution.' Economies of scale meant plastic could be inexpensive and customized for countless uses. Around the 1960s, single-use plastic products such as cutlery, plates and cups started to appear. It was a marketer’s dream that saved time and therefore money. Walmart or any grocery chain could not exist without plastics for products. The automaker industry worldwide could not survive without the massive use of plastics.Plastic reduces food waste and protects it from contamination. According to Environment and Climate Change Canada, Canadians waste 79 kilograms of household food, per capita, per year, for a total of 2.94 million metric tonnes of household food waste annually, which unnecessarily contributes to carbon emissions. Packaging food in plastic dramatically reduces food waste and extends shelf-life. It allows a reduction in product damage and preserves perishables in transit.To moderate the disposal problem of cheap disposable packaging, we need to improve the way we use and value plastic, which aggressive provincial programs can accomplish. The mantra must be Reduce, Reuse, Recycle.