Will feds appeal ruling against ban on single-use plastic? | Power Play with Vassy Kapelos

The federal government’s climate policy was dealt another blow yesterday the federal court quashed the cabinet order which listed plastic manufactured items as toxic the ruling said the classification was simply too broad meantime the Liberals continued to face pressure to carve up their Marquee carbon tax after giving a carve out on

Home heating oil there’s also a conservative private members Bill calling for an exemption to be made on fuel used by most Farm farmers and a lot of talk about what with environment Minister Steven Gilbo especially when it comes around to the fact that in the Supreme Court c69 was struck down and

Because Alberta had challenged it these are all things that the minister continues to deal with and continues to say that there will be no more car outs and the prime the Prime Minister has said that on a number of occasions and Minister Steven continues to reiterate that I believe

That we may have the minister we’re waiting for okay we don’t have the minister just yet we’re going to go right to these clips from uh prime minister Justin Trudeau and Pier POV we are a government that has always exercised fiscal restraint the fall economic update is coming Justin Trudeau

Must reverse the inflationary policies that have driven people out of their homes driven interest rates up and cause Mass Despair and misery and those are things that really have to be balanced by this government environment Minister Sten ginbo joins us right now for Montreal Minister thank

You so much for making the time I wanted to start with you with that Federal Court ruling yesterday your government is considering an appeal when will you make that decision um most likely in the coming days I would imagine by the beginning of next week we we will we will have made a

Decision on that but yes we are we we are strongly considering appealing the decision now the judge ruled that your government was overreaching when it tried to say everything that’s plastic is toxic do you have evidence or a legal opinion otherwise and why wasn’t it enough to convince that

Judge um there’s a there’s overwhelming scientific evidence of of the the impacts of plastics on our health um there are studies right now done around the world where we’re finding uh microplastic um beads in in our body uh Even in our brain uh it is affecting

Fetus it is affecting uh kids our kids and and in their growth process it’s impacting the environment and and species all around the world we’ve all seen those images of birds fish Turtles caught in uh single-use plastic uh in in our oceans so there there is in fact overwhelming scientific evidence and and

And we feel that uh on on legal ground we’re we’re very solid we respectfully disagree with with with the opinion of the judge yesterday which is why as I said earlier we will we will likely appeal that that decision so this ruling is the second time that your government has been told

That you’ve gone too far by the courts what’s the point of legislation and policy that can’t meet that basic legal test I I would um I would beg to differ uh in fact uh our pricing pollution system was challenged in the courts and the Supreme Court ruled in our favor uh

Just uh just two years ago and on the impact assessment um I I know a lot of people are talking about the the fact that the court said that some elements of the Acts were unconstitutional but they also ruled that some of the elements are constitutional so we’re

We’re we’re having to make some Chang changes some adjustments and it’s it’s normal I mean we we don’t get it right every time we do legislation and the first time governments and and that’s true on environmental issue it’s it’s true on a number of different issues for our government and for many other

Governments I think there’s nothing wrong with course correcting when when you’re told you know you need to do things differently and and on on impact assessment we we will we will do that and on plastic pollution I mean the reality is that Beyond um beyond the ruling of yesterday Canadians are have

Already moved on and and and the vast majority of companies have already moved on I could talk about lebat for example which will have eliminated by the end this year six months before the regulation was asking them to do so uh the the plastic rings for for for for

Beer cans um I think I believe their last plant that they’re retrofitting in in New Finland will be will have phased out plastic rings by by the end of the year they’ve done it for all of their other plants so I mean Canadians and and most companies are are are already

Moving on and away from from from single-use Plastics I take your point about course corrections but your government can’t move on with this legislation because it’s now been struck down by the court so is it responsible government or isn’t it responsible government to make sure that what you’re doing that it’ll impact

Canadians and that it’s actually legal to do so well of course which is why we will likely appeal the decision because from both from a scientific point of view and from a legal point of view we disagree with the ruling uh yesterday and you may

Recall if you if you if you remember the on on on the pricing pollution um we lost in in lower courts and and and in the end the Supreme Court ruled in our in in our favor as you know I mean you know giving in an individual judge to to

Rule on an issue it can go in in in in different ways but the reality and in fact the the the act that we’re using the the Canadian Environmental protection act has been used in Canada for decades to help protect the health and environment of of of Canadians it’s

Not a new piece of of legislation it’s it’s actually 40 years old it’s been used many times the the judge took issue with some of the elements we did this time we we respectfully again disagree with that judge which is why we will likely appeal Minister I want to ask you about

The carvon tax cutouts prime minister has said that there will be no more carv outs but there weren’t supposed to be any to begin with there is a private members bill on a carve out for fuel for Farmers if that happens is that your red line will you resign as Minister if

There is a carve out for that type of fuel um as you rightly pointed out the Prime Minister has said on a number of occasion that there would be no more car vs okay but if there are more then what I I so I take my marching orders

From the prime minister of Canada I I serve at the pleasure of of the Prime Minister of Canada he’s the one who nominated to to cabinet and I have my instructions from I take my instructions from him and and and the Prime Minister as you pointed out has said on a number

Of occasion that there would be no more exemption to to carbon pricing in Canada so let’s say tomorrow he says your marching orders are another carv out how would that make you feel you’re asking me you’re asking a very hypothetical question which has no Foundation because he has said uh well

There there’s a private members bill on the table minister with respect there’s a private members Bill there and we all were in a world at one point in time where there were going to be zero car votes and now we have one so I don’t think it’s that hypothetical priv there

Are tons of private members Bill uh that are debated in the house of common and in the Senate all the time the bill you’re referring to hasn’t been adopted by the Senate yet we will see what the what Senate the decision comes to in in in the coming weeks most likely but

Obviously the Senate the Senate is independent from the House of Commons and and and in fact the Liberals the the liberal government doesn’t have liberal Senators as opposed to the conservatives who still have conservative senators in in in in the Senate so we don’t dictate how Senators should should debate these

Things we don’t tell them how how to vote what position to take and we will see what what the Senate decide but the Senate hasn’t yet decided on this I wanted to ask you you spent the bulk of your life as an environmentalist criticizing politicians who didn’t do enough now environmentalists are saying

You’re allowing your government to not do enough how do you respond to them do you have a specific example because I could list a number of environmental organizations that have saluted the work we’ve done whether it’s to fight plastic pollution uh no later than yesterday organizations like environmental defense were seeing how

Essential the work we’re doing on plastic pollution is is uh organizations like take your point on plas pollution but I don’t know any one of those organizations that was happy with the carbon cutout carv out for home heating oil they have saluted our work on on on on pricing pollution on fighting climate

Change on eliminating fossil fuel subsidies they they they’ve spoken about the leadership uh a spokesperson for Greenpeace in a recent interview said that he was the best environment Minister that he’s ever seen in in in can so I think that environmentalists will continue to criticize us when they think

We’re not doing enough but I think they are also on the record many of them many individuals and organizations saluting the work our government has done whether it’s climate whether it’s fighting plastic pollution whether it’s the historic agreement we were able to negotiate last year at cop 15 in

Montreal to protect nature and biodiversity I think that people are noticing how much work we’re doing to try and C change the way we’re doing things in Canada when it comes to fighting for a better environment for our kids and grandkids Minister last question for you

At what point do you decide that this government’s priorities on the environment are no longer aligned with yours listen I being environment minister is a dream job for me I’m not I’m not going anywhere I will I have as you rightly pointed out I have spent

Most of my entire adult life working on environmental issues and and and working to to to improve the state of the environment and and and and health for for for Canadians and I intend to continue doing that as long as Canadians will will let me do it or the Prime Minister

Obviously so even if there’s another another carbon carbon tax carve out you’ll stay on as Minister as I as I’ve said and I as the Prime Minister has said there will be no more car outs to pricing to the to our pricing pollution system in Canada okay Minister we’re all at of

Time but we really appreciate you taking the time to be with us thank you very much have a nice weekend

Environment Minister Steven Guilbeault responds to the courts overturning the single-use plastics ban and whether an appeal will be filed.

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