The Federal Court overturned Canada’s ban on single-use plastic on Thursday, deeming the policy “unreasonable and unconstitutional.
The decision found that the classification of plastics in the cabinet order was too broad to be listed on the List of Toxic Substances in Schedule 1 and the government acted outside of its authority.
“There is no reasonable apprehension that all listed Plastic Manufactured Items are harmful,” the decision read.
The decision has essentially quashed a cabinet order that listed plastic manufactured items, such as plastic bags, straws, and takeout containers, as toxic under the Canadian Environmental Protection Act.
Environment Minister Steven Guilbeault said in a statement that the federal government is “strongly considering an appeal” of the decision.
“Canadians have been loud and clear that they want action to keep plastic out of our environment,” he said. “We will have more to say on next steps soon.”