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Canada's single-use plastic ban faces its first legal test – CBC.ca

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Canada’s single-use plastic regulations face their first legal test today as the plastics lobby and the federal government head to court.

A federal court judge will hear arguments from lawyers on all sides from Tuesday to Thursday in Toronto.

The federal judge, who is not expected to deliver a ruling for months, must consider whether Ottawa was justified when it listed plastic products as toxic under the Canadian Environmental Protection Act.

“This is one of the largest environmental court cases that we have seen in Canada,” said Anthony Merante, plastics campaigner at Oceana Canada, an intervener in the case.

“This is about tackling Canada’s second most pertinent environmental crisis, which is the global plastics pollution crisis.”

The Liberal government relied on a scientific assessment of plastic pollution published in 2020. It found that plastic pollutes rivers, lakes and other water bodies, harming wildlife and leaving microplastic fragments in the water we drink. 

That report was soon followed by several federal policy and regulatory moves, culminating most recently in the federal government officially announcing dates for a ban on the manufacture, sale and import of certain plastic products.

The ban affects checkout bags, straws, stir sticks and cutlery. Some of these prohibitions have already taken effect and some won’t happen until 2025.

The federal government announced which single-use plastics will be covered by a national ban in 2022. (CBC Graphics)

As the government attempted to address the pollution problem, the plastic industry accused the government in legal briefs of introducing a plan with “fatal flaws.” It’s not the federal government’s place, the complainants argue, to regulate plastic pollution when the provinces and territories typically handle waste management.

“The government’s decision to regulate all plastic products may be motivated by laudable goals (e.g., diverting waste from municipal landfills and seizing the value of a circular plastics economy),” says a court document filed on behalf of the plastics industry. “However, those goals must be pursued in accordance with the Constitution.”

The plastics industry also alleges the federal government failed to demonstrate it had enough scientific evidence to justify the regulations. The industry argues Ottawa failed “to conduct a risk assessment” and “to characterize ecological exposure to all plastic products.”

“The test for toxicity is not satisfied by proving that a single bottle cap poses a risk to a single animal,” says a legal brief filed on behalf of the plastics industry.

The plastics companies bringing the case — Dow Chemical Canada, Imperial Oil and Nova Chemicals — declined to comment or didn’t return CBC’s requests for comment. The Responsible Plastic Use Coalition — an industry group, also an applicant in the case — did not respond.

A York University researcher who is not involved in the case said he believes the federal government’s plastics policies, although well-intentioned, are rooted more in politics than science.

“What they are doing is responding to an optics issue where we see plastic bags in our environment and oceans,” said Calvin Lakhan, a research scientist and co-investigator of the “Waste Wiki” project in the faculty of environmental studies. “That’s things that consumers really care about.”

The lifecycle analysis of individual plastic items, Lakhan said, is complex; he suggested the Liberals’ plastic pollution approach needs a rethink.

A closeup of empty plastic containers that are part of an art installation.
A 2019 Deloitte study found less than one-tenth of the plastic waste Canadians produce is recycled. (Tijana Martin/The Canadian Press)

Environment Minister Steven Guilbeault said in a media statement the Liberals are delivering on a campaign promise. He then went after the plastics industry.

“While a handful of big multinational companies try to stop our ban on harmful single-use plastics, we’re going to keep fighting for the clean, healthy environment Canadians deserve,” Guilbeault said in the statement. “We’re going to stick to the facts and science and deliver the sustainable options Canadians are asking for.” 

The court will hear from several interveners, including the American Chemistry Council, the American Fuel and Petrochemical Manufacturers and the governments of Alberta and Saskatchewan.

Several environmental groups, including Environmental Defence and Oceana, will also appear to ask the court to uphold the government’s plastic regulations. 

The lawyer representing the environmental groups, Ecojustice’s Lindsay Beck, said a win for the government would solidify the push against plastic pollution, while a loss would throw a wrench into those efforts.

If the court overturns the regulations, she said, it could have a domino effect that could force the government to rescind its single-use plastic ban, which is also subject to its own court challenge.

“It means that that ban would be vulnerable to being overturned,” Beck said. 

Federal data show that in 2019, 15.5 billion plastic grocery bags, 4.5 billion pieces of plastic cutlery, three billion stir sticks, 5.8 billion straws, 183 million six-pack rings and 805 million takeout containers were sold in Canada.

A 2019 Deloitte study found less than one-tenth of the plastic waste Canadians produce is recycled. That meant 3.3 million tonnes of plastic was being thrown out annually, almost half of it plastic packaging.

Newfoundland and Labrador, Prince Edward Island and Nova Scotia already have taken their own action against plastic bags, as have some cities, including Regina, Victoria and Montreal.

Sobeys eliminated single-use plastic bags at its checkout counters in 2020 and Walmart followed suit this past April. Loblaws announced Monday morning it will ban plastic bags by spring 2023.

Many fast food outlets have replaced plastic straws with paper versions over the last several years as well.

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With grief lingering, Blue Jackets GM Waddell places focus on hockey in wake of Gaudreau’s death

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BUFFALO, N.Y. (AP) — Hearing the familiar sounds of clacking sticks and pucks banging off the boards and glass while watching Columbus Blue Jackets prospects from the stands of a cold rink on a warm late-summer afternoon was not enough to wash away the lingering residuals of grief for Don Waddell on Saturday.

That, the Blue Jackets’ general manager acknowledged, will take more time than anyone can guess — weeks, months, perhaps an entire season and beyond.

What mattered is how spending the weekend attending the Sabres Prospects Challenge represented a start to what Waddell called among the first steps in refocusing on hockey and the future in the aftermath of the deaths of Columbus star Johnny Gaudreau and his brother, Matthew, who were struck by a suspected drunken driver while riding bicycles on Aug 29.

“We got to play hockey,” Waddell said. “We’re not going to forget about Johnny and his family, the Gaudreau family.”

He then reflected on the speech Johnny Gaudreau’s wife, Meredith, made during the brothers’ funeral on Monday, by urging those in mourning to move forward as she will while focusing on raising their children.

“Everybody knows that Johnny wants them to play hockey,” Waddell said. “And everybody’s rallying around that.”

The resumption of hockey in Columbus began last week, when most Blue Jackets players returned to their facility to be together and lean on each other at the urging of Waddell and team captain Boone Jenner. And it will continue on Thursday, when the team opens training camp, exactly three weeks since the Gaudreaus were killed.

“Tragic. Senseless. But now we got to focus on trying to get our team ready to play hockey this year,” Waddell said. “We all mourn and heal differently, but I think as a team being together like that is going to be critical for them to get moving forward.”

Tragedy is no stranger to Waddell or the Blue Jackets.

Waddell was general manager of the then-Atlanta Thrashers in 2003 when Dany Heatley lost control of his car and struck a wall, with the crash killing passenger and teammate Dan Snyder. In 2021, Blue Jackets goalie Matiss Kivlenieks died during a July Fourth fireworks accident.

Waddell placed the emphasis on himself and coach Dean Evason — both newcomers to Columbus this offseason — to guide the team through what will be an emotional season.

“Now, do I think there’s going to be some dark days? I won’t be surprised,” Waddell said.

Reminders of the Gaudreaus’ deaths remain apparent, and reflected in Buffalo on Friday night. A moment of silence was held in tribute to the brothers before the opening faceoff of a game between the Blue Jackets and Sabres.

Afterward, Columbus prospect Gavin Brindley recalled the times he spent with Johnny Gaudreau in Columbus and as teammates representing the United States at the world hockey championships in the Czech Republic in May.

“He was one of the biggest mentors for me at the world championships,” Brindley said. “I couldn’t tell you how many times we hung out with Meredith, pictures on my phone. It’s just so hard to look back and see that kind of stuff.”

The NHL and NHL Players’ Association are providing the Blue Jackets help in the form of grief counseling, crowd security at vigils and addressing hockey issues, such as potentially altering the league’s salary cap rules to provide Columbus relief from having to reach the NHL minimum payroll because of the void left by Gaudreau’s contract.

“The Blue Jackets, I don’t think anybody’s focused from an organizational standpoint, from a hockey standpoint as to what comes next, because I think everybody’s still in shock,” NHL Commissioner Gary Bettman told The Associated Press last week. “I don’t think anybody’s focused right now other than on the grieving part, which is understandable.”

Much of the burden has fallen to Waddell, who has been in discussions with the NHL and the NHLPA and dealing with outreach programs with the Blue Jackets’ partner OhioHealth, while also overseeing preparations for training camp and gauging his prospects in Buffalo.

There’s also his roster to attend to, which he said has two openings at forward, one involving Justin Danforth, who may miss the start of the season because of a wrist injury. Waddell didn’t have to mention the second opening.

Tiring and emotional as it’s been, Waddell found comfort being in his element, a rink, and looking ahead to the start of training camp.

“The guys are in really good shape. We’ve done a lot of testing already and they’re eager to get going,” Waddell said. “We have a reason to play for. And we’ll make the best of it.”

The Blue Jackets later Sunday signed veteran winger James van Riemsdyk to a one-year contract worth $900,000.

“James van Riemsdyk has been a very consistent, productive player throughout his career,” Waddell said. “Bringing him to Columbus will not only provide depth to our group up front, but also valuable leadership and another veteran presence in our dressing room.”

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AP Hockey Writer Stephen Whyno in New York contributed to this report.

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PSG says defender Nuno Mendes target of racial abuse after a French league game

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PARIS (AP) — Paris Saint-Germain defender Nuno Mendes was the target of abusive and racist comments on social media after a French league game.

The club condemned the abuse and expressed its “full support” Sunday for the Portugal left back, who was targeted following PSG’s 3-1 win against Brest on Saturday.

Mendes, who is Black, shared on his Instagram account a racist message he received.

During the match, Mendes brought down Ludovic Ajorque in the box for a penalty that Romain Del Castillo converted to give Brest the lead.

“Paris Saint-Germain doesn’t tolerate racism, antisemitism or any other form of discrimination,” the club said. “The racial insults directed at Nuno Mendes are totally unacceptable … we are working with the relevant authorities and associations to ensure those responsible are held accountable for their actions.”

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Slovenia’s Tadej Pogacar wins Grand Prix Cycliste de Montreal

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MONTREAL – Tadej Pogacar was so dominant on Sunday, Canada’s Michael Woods called it a race for second.

Pogacar, a three-time Tour de France champion from Slovenia, pedalled to a resounding victory at the Grand Prix Cycliste de Montreal.

The UAE Team Emirates leader crossed the finish line 24 seconds ahead of Spain’s Pello Bilbao of Bahrain — Victorious to win the demanding 209.1-kilometre race on a sunny, 28 C day in Montreal. France’s Julian Alaphilippe of Soudal Quick-Step was third.

“He’s the greatest rider of all time, he’s a formidable opponent,” said Woods, who finished 45 seconds behind the leader in eighth. “If you’re not at your very, very best, then you can forget racing with him, and today was kind of representative of that.

“He’s at such a different level that if you follow him, it can be lights out.”

Pogacar slowed down before the last turn to celebrate with the crowd, high-five fans on Avenue du Parc and cruise past the finish line with his arms in the air after more than five hours on the bike.

The 25-year-old joined Belgium’s Greg Van Avermaet as the only multi-time winners in Montreal after claiming the race in 2022. He also redeemed a seventh-place finish at the Quebec City Grand Prix on Friday.

“I was disappointed, because I had such good legs that I didn’t do better than seventh,” Pogacar said. “To bounce back after seventh to victory here, it’s just an incredible feeling.”

It’s Pogacar’s latest win in a dominant year that includes victories at the Tour de France and Giro d’Italia.

Ottawa’s Woods (Israel Premier-Tech) tied a career-best in front of the home crowd in Montreal, but hoped for more after claiming a stage at the Spanish Vuelta two weeks ago.

“I wanted a better result,” the 37-year-old rider said. “My goal was a podium, but at the same time I’m happy with the performance. In bike racing, you can’t always get the result you want and I felt like I raced really well, I animated the race, I felt like I was up there.”

Pogacar completed the 17 climbs up and down Mount Royal near downtown in five hours 28 minutes 15 seconds.

He made his move with 23.3 kilometres to go, leaving the peloton in his dust as he pedalled into the lead — one he never relinquished.

Bilbao, Alaphilippe, Alex Aranburu (Movistar Team) and Bart Lemmen (Visma–Lease) chased in a group behind him, with Bilbao ultimately separating himself from the pack. But he never came close to catching Pogacar, who built a 35-second lead with one lap left to go.

“It was still a really hard race today, but the team was on point,” Pogacar said. “We did really how we planned, and the race situation was good for us. We make it hard in the last final laps, and they set me up for a (takeover) two laps to go, and it was all perfect.”

Ottawa’s Derek Gee, who placed ninth in this year’s Tour de France, finished 48th in Montreal, and called it a “hard day” in the heat.

“I think everyone knows when you see Tadej on the start line that it’s just going to be full gas,” Gee said.

Israel Premier-Tech teammate Hugo Houle of Sainte-Perpétue, Que., was 51st.

Houle said he heard Pogacar inform his teammates on the radio that he was ready to attack with two laps left in the race.

“I said then, well, clearly it’s over for me,” Houle said. “You see, cycling isn’t that complicated.”

Australia’s Michael Matthews won the Quebec City GP for a record third time on Friday, but did not finish in Montreal. The two races are the only North American events on the UCI World Tour.

Michael Leonard of Oakville, Ont., and Gil Gelders and Dries De Bondt of Belgium broke away from the peloton during the second lap. Leonard led the majority of the race before losing pace with 45 kilometres to go.

Only 89 of 169 riders from 24 teams — including the Canadian national team — completed the gruelling race that features 4,573 metres in total altitude.

Next up, the riders will head to the world championships in Zurich, Switzerland from Sept. 21 to 29.

Pogacar will try to join Eddy Merckx (1974) and Stephen Roche (1987) as the only men to win three major titles in a season — known as the Triple Crown.

“Today gave me a lot of confidence, motivation,” Pogacar said. “I think we are ready for world championships.”

This report by The Canadian Press was first published Sept. 15, 2024.



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