Statement by Karen Wirsig, Senior Program Manager, Plastics 

Toronto | Traditional territories of the Mississaugas of the Credit, the Anishinaabeg, the Haudenosaunee, and the Wendat – We’ve been in this fight long enough to know that Big Plastic doesn’t give up easily — but neither do we. With a unanimous Federal Court of Appeal decision on our side, we’ll be standing with the government as it defends its role in the fight to end plastic pollution. The government must proceed in the meantime to protect people and the environment from the hazards that plastic poses by eliminating unnecessary single-use plastics and supporting alternatives, including reuse and refill systems.

Background Information:

• The three biggest plastic producing companies in Canada launched a judicial review of the 2021 order by the federal Environment and Health Ministers to add Plastic Manufactured Items to the toxic substances list under the Canadian Environmental Protection Act (CEPA) in order to address the growing pollution crisis caused by plastic. 
• The Federal Court struck down the listing, deciding in favour of the plastics industry, in November 2023. 
• In January 2026, the Federal Court of Appeal found, in a unanimous ruling, that the government was justified in listing plastic manufactured items as a toxic substance under CEPA.
• The industry sought leave from the Supreme Court of Canada to appeal the Federal Court of Appeal decision in March 2026. 
• Environmental Defence was granted intervenor status in both of the lower court cases.
• In spring 2026, more than 50 local and environmental organizations from across Canada sent a Call to Action to End Plastic Pollution to the federal government.

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For more information or to arrange an interview, please contact:

Carolyn Townend
Environmental Defence Canada
media@environmentaldefence.ca