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Canadian Constitution Foundation in court this week intervening in “plastics ban” case

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From the Canadian Constitution Foundation

“In this case, criminal law power should not be allowed to justify the sweeping inclusion of every imaginable plastic product on the list of ‘toxic’ substances and therefore under the umbrella of federal authority,” … “The Cabinet Order plastic ban is outside the scope of the federal power.”

The Canadian Constitution Foundation (CCF) is appearing as an intervener in the legal challenge to the federal “plastics ban” being heard on June 25 and 26 at the Federal Court of Appeal. The CCF will be arguing that the federal “plastics ban” is outside the jurisdiction of Parliament’s criminal law power.

In November 2023, a Federal Court of Canada judge struck down the Trudeau government’s Cabinet Order declaring all “plastic manufactured items” as “toxic” under the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act. The Order had been challenged by a coalition of plastics companies who had argued that the Order was unreasonable and unconstitutional.

The appeal of that decision is now being heard at the Federal Court of Appeal. At issue is the scope of the federal law power. Section 91(27) of the Constitution Act grants the federal government exclusive authority to make criminal law. Previous court rulings have found and affirmed that prohibiting truly toxic substances, like lead and mercury, under the Canadian Environmental Protection Act is a legitimate expression of that power. But the criminal law power cannot be used to justify the sweeping inclusion of every imaginable plastic product onto the list of “toxic” substances and therefore under federal authority.

CCF Litigation Director, Christine Van Geyn said: “The criminal law power is not a magical incantation. Invoking the words ‘criminal law’ does not transform any issue into something Ottawa can regulate.”

“In this case, criminal law power should not be allowed to justify the sweeping inclusion of every imaginable plastic product on the list of ‘toxic’ substances and therefore under the umbrella of federal authority,” Van Geyn added “The Cabinet Order plastic ban is outside the scope of the federal power.”

The CCF is intervening in the case to argue about the scope of federal criminal law power. Criminal law powers should be applied cautiously. To claim authority to regulate something based on federal criminal law power, Parliament must clearly demonstrate the criminal aspect of the targeted activities. The federal government cannot assume control over an entire area which is not, in itself, harmful or dangerous. This is particularly important when Parliament has asserted control and jurisdiction over an amorphous subject matter prone to overlapping jurisdictions, like environmental regulation.

The Canadian Constitution Foundation is represented in its intervention by Brett Carlson and Rebecca Lang of Borden Ladner Gervais LLP.

You can read the CCF’s intervener factum here.

Christine Van Geyn
Canadian Constitution Foundation

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Automotive

Electric vehicle sales mandates doomed to fail

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From the Fraser Institute

By Julio Mejía and Elmira Aliakbari

Nearly 30 per cent of EV owners worldwide intend to switch back to internal combustion engine (ICE) vehicles.

According to new data released this week, electric vehicle (EV) sales in Europe plummeted by 36 per cent in Europe including a 69 per cent drop in Germany, the continent’s largest auto market. And according to a recent survey by McKinsey & Company, nearly 30 per cent of EV owners worldwide intend to switch back to internal combustion engine (ICE) vehicles. Clearly, in light of growing consumer hesitation and a global slowdown in EV sales, the ambitious timelines set by governments for the EV transition are increasingly at odds with market realities.

In Canada, the Trudeau government has mandated that all new passenger vehicles and light trucks must be zero-emission by 2035, with interim targets of 20 per cent by 2026 and 60 per cent by 2030. But only 8.1 per cent (139,521) of the 1.7 million new vehicles sold in Canada in 2023 were electric, according to Statistics Canada. And it takes an average of 55 days to sell an EV in Canada—33 days longer than in 2023 and four days more than a gasoline-powered car. To achieve the Trudeau government’s 2026 target, EV sales would need to more than double in just two years and increase more than sevenfold by 2030 (assuming no change in total vehicle sales). Such rapid growth within a short timeframe is questionable at best.

It’s a similar story in the United States where the Biden administration has mandated that nearly 60 per cent of new vehicles sold must be electric by 2032 even though demand in 2024 has been lighter than expected and nearly half of American EV owners say they’re likely to switch back to ICEs. In Europe, the United Kingdom and the European Union plan to ban the sale of new ICE vehicles by 2035 yet, as previously noted, EV sales are plummeting.

Some automakers have already responded to the realities of the EV market. In April, Tesla laid off 10 per cent of its global workforce. Ford announced it will cancel the production of an electric SUV, delay the production of an electric pickup truck, and postpone the start of EV production at its Oakville, Ontario plant by two years. General Motors abandoned its goal of producing 400,000 EVs by mid-2024 due to lower-than-expected sales and revealed in August it would delay the start of production at its battery plant in Indiana by about one year, pushing the timeline to 2027.

The EV transition also faces another major hurdle—a shortage of minerals for EV batteries that can only be addressed by opening a massive number of new mines in record time. According to a 2023 study, to meet international EV adoption mandates by 2030, the world would need 50 new lithium mines, 60 new nickel mines, 17 new cobalt mines, 50 new mines for cathode production, 40 new mines for anode materials, 90 new mines for minerals needed to produce battery cells, and 81 new mines for the body and motors of the EVs themselves, for a total of 388 new mines worldwide. For context, in 2021 there were only 340 metal mines operating in Canada and the U.S. combined.

Identifying, planning and constructing a mine is a slow process. For instance, lithium production timelines range from six to nine years and for nickel 13 to 18 years—both of these elements remain critical for EV batteries. Clearly, today’s aggressive government timelines for EV adoption clash with the realities of mineral mining.

The facts are undeniable. Governments can’t dictate consumer choices via mandate. The fantastic EV adoption timelines of the Trudeau government and other governments in the western world are increasingly out of touch with the realities of production and market demand. These governments have overestimated their ability to shape the auto industry, which is why EV mandates will fail.

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Agriculture

Trump Floats Massive Tariffs On John Deere If Manufacturing Shifts To Mexico

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From the Daily Caller News Foundation 

 

By Mariane Angela

 

Former President Donald Trump issued a warning Monday about imposing 200% tariffs on John Deere products if the company relocates its manufacturing operations to Mexico.

Trump engaged with local farmers and manufacturers during an event in Smithton, Pennsylvania, about the impact of China’s economic policies on the U.S. economy, according to the Associated Press. The former president highlighted his economic strategy against Vice President Kamala Harris by pointing out the potential benefits of tariffs and increased energy production, which he argued could help lower costs and protect local industries.

Trump highlighted John Deere’s recent decision to move some manufacturing to Mexico, and he threatened a 200% tariff on the company should it proceed with its plans under his potential administration, the AP reported.

“I just noticed behind me John Deere tractors, I know a lot about John Deere. I love the company, but as you know, they announced a few days ago that they’re gonna move a lot of their manufacturing business to Mexico,” Trump said, according to a video posted on X. “I’m just notifying John Deere right now. If you do that, we’re putting a 200% tariff on everything that you wanna sell into the United States. So that if I win, John Deere is gonna be paying 200%.”

John Deere previously announced that it will lay off roughly 610 employees across three of its plants in Illinois and Iowa. The company announced on May 31 that it will relocate skid steer and compact track loader production from Dubuque, Iowa, to Mexico by the end of 2026 as part of a broader strategy to enhance efficiency and manage rising manufacturing costs amidst changing business conditions.

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