[co-author: Lindsay Chapman - Articling Student]The Federal Court of Canada (Court) released its decision on November 16, 2023, in Responsible Plastics Use Coalition v Canada,1 which held that the Federal Government's labelling of all Plastic Manufactured Items (PMI) as toxic was both unreasonable and unconstitutional. In its application, the consortium challenged the Order on the grounds that it improperly extends beyond the federal government's criminal law power granted to it under subsection 91(27) of the Constitution Act, 1867. To be classified under this power, federal legislation must consist of a prohibition and penalty and have a valid criminal law purpose. As a result, the Order was not properly supported under the criminal law power and, and thus was beyond Parliament's jurisdiction. The Court disagreed with the Federal Government, finding that those opposing the Order "should not have to wait until regulations are enacted to challenge an unconstitutional order.

Source: CBC News November 27, 2023 17:09 UTC