Environmental groups are upset by the Federal Court's recent ruling that the government acted outside its authority when it listed plastic manufactured items as 'toxic' under the Canadian Environmental Protection Act (CEPA).
This listing was the basis for the federal government banning single-use plastic items including straws and grocery bags.
"With [Thursday's] ruling, Canada faces a setback in its battle against plastic pollution," said Kim Elmslie, the Campaign Director for Oceana Canada.
"The detrimental impact of single-use plastic on our environment, oceans, and life itself is undeniable. Canada generates more than 4.8 million tonnes of plastic waste annually, and a staggering 92 per cent is relegated to landfills, incineration, or litter," Elmslie added.
Ecojustice acted on behalf of Oceana Canada and Environmental Defence as interveners in the court case.
The environmental law charity said that the groups are disappointed in the outcome and are encouraging the government to appeal the decision.
"By listing plastics as a toxic substance under CEPA, the government took a vital first step toward curbing plastic pollution and ensuring its harms are mitigated. This decision sets Canada back in its efforts to tackle the plastics crisis," Ecojustice lawyer Lindsay Beck said.
"Ecojustice maintains that it is well within the authority of the federal government to regulate plastic pollution," Beck noted. Adding that regulation is "imperative in the fight against this worsening environmental crisis."
Studies show that the world produces around 350 million tonnes of plastic waste every year and nearly one-quarter of that (82 million tonnes) is mismanaged or littered.
Recent research published on Our World in Data, 6 million tonnes of that pollution ends up in rivers or on coastlines and 1.7 million tonnes winds up in the oceans.
According to Ecojustice, plastic waste is one of the most persistent pollutants on Earth as plastic never disappears. Instead, large plastic debris breaks down into microplastics that accumulate in the environment.
Plastics and microplastics are being found not only in the environment, but inside wildlife including fish and birds. Scientific studies have also detected microplastic particles in the blood, lungs, and intestines of humans.
"The evidence is clear: plastic products are toxic to the environment, and there is increasing concern over their harmful impact on human health," said Ashley Wallis, Associate Director of Environmental Defence. "We need federal regulation to help stem plastic pollution in Canada and around the world."
Environment Minister Steven Guilbeault said in a statement that the government "remains steadfast in its commitment to keeping plastics out of the environment," though he stopped short of announcing that the government will appeal the court's decision.
The case was brought by the Responsible Plastic Use Coalition, an industry coalition that includes Canada's three biggest plastic producers, NOVA Chemicals Corporation, Dow Chemical Canada, and Imperial Oil.