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Canadian federal court overturns Trudeau gov’t ban on single-use plastics

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From LifeSiteNews

By Clare Marie Merkowsky

The Federal Court ruled in favor of the provinces of Alberta and Saskatchewan, declaring that Prime Minister Justin Trudeau’s government overstepped its authority by classifying plastic as ‘toxic’ and banning all single-use plastic items, like straws

The Federal Court of Canada has overturned the Trudeau government’s ban on single-use plastic, calling it “unreasonable and unconstitutional.” 

On November 16, the Federal Court ruled in favor of the provinces of Alberta and Saskatchewan, declaring that Prime Minister Justin Trudeau’s government overstepped its authority by classifying plastic as “toxic” and banning all single-use plastic items, like straws. 

“There is no reasonable apprehension that all listed PMI [Plastic Manufactured Items] are harmful,” the decision read. 

The decision came after a lawsuit filed a little over a year ago by Alberta and Saskatchewan. The ruling declared that listing all plastics on the List of Toxic Substances was too broad and “poses a threat to the balance of federalism as it does not restrict regulation to only those (plastics) that truly have the potential to cause harm to the environment.” 

The court further reminded the Trudeau federal government of the autonomy of the provinces, saying, “Cooperative federalism recognizes that the provincial government and federal government are coordinate – the provinces are not subordinate to the federal government. A federal head of power cannot be given a scope that would eviscerate a provincial legislative competence.” 

Essentially, the ruling overturned Trudeau’s 2022 law which outlawed manufacturing or importing plastic straws, cutlery, and checkout bags on the grounds of government claims that plastic was having a negative effect on the oceans. In reality, most plastic pollution in the oceans comes from a few countries, like India and China, which dump waste directly on beaches or rivers.  

If not for the Federal Court’s ruling, the sale of these plastic products would have also been illegal by the end of this year.  

RELATED: Trudeau gov’t-mandated paper straws may be worse for environment than plastic, study finds

The Government of Canada had estimated the average Canadian would pay at least $50 each in the higher costs for alternatives to traditional plastic products. Meanwhile, an August study revealed that paper straws may have a worse impact on humans and the environment than standard plastic straws as they contain “forever chemicals” which take thousands of years to break down.   

Smith compared the ruling to the Supreme Court’s recent announcement that Bill C-69, dubbed the “no-more pipelines” bill, is “mostly unconstitutional.” The decision returned jurisdiction over the pipelines to provincial governments.  

“Like Bill C-69, the federal government’s decision to unilaterally label perfectly safe plastic consumer products as ‘toxic’ has had wide-ranging consequences for Alberta’s economic interests and has put thousands of jobs and billions of investments at risk,” Smith explained. 

“It’s time for the federal government to listen to the courts and to Canadians,” she added. “We urge them to not appeal this decision, and to immediately delete ‘plastic manufactured items’ from Schedule 1 of the current Canadian Environmental Protection Act so as to avoid further need of legal action by Alberta and other provinces.” 

Smith’s request comes as Environment Minister Steven Guilbeault announced Thursday that the federal government is “strongly considering an appeal” of the decision. 

“Canadians have been loud and clear that they want action to keep plastic out of our environment,” he claimed. “We will have more to say on next steps soon.” 

While Guilbeault attests that Canadians have been “loud and clear” in their desire to eliminate plastic, he is seemingly ignoring the growing number of Canadians calling for the Trudeau government to be replaced.

According to a November survey by Abacus Data, 84% of Canadians want a change in government, leaving only 16% of Canadians content with Trudeau and his Liberal government.  

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Alberta

Petition threatens independent school funding in Alberta

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From the Fraser Institute

By Paige MacPherson

Recently, amid the backdrop of a teacher strike, an Alberta high school teacher began collecting signatures for a petition to end government funding of independent schools in the province. If she gets enough people to sign—10 per cent of the number of Albertans who voted in the last provincial election—Elections Alberta will consider launching a referendum about the issue.

In other words, the critical funding many Alberta families rely on for their children’s educational needs may be in jeopardy.

In Alberta, the provincial government partially funds independent schools and charter schools. The Alberta Teachers’ Association (ATA), whose members are currently on strike, opposes government funding of independent and charter schools.

But kids are not one-size-fits-all, and schools should reflect that reality, particularly in light of today’s increasing classroom complexity where different kids have different needs. Unlike government-run public schools, independent schools and charter schools have the flexibility to innovate and find creative ways to help students thrive.

And things aren’t going very well for all kids or teachers in government-run pubic school classrooms. According to the ATA, 93 per cent of teachers report encountering some form of aggression or violence at school, most often from students. Additionally, 85 per cent of unionized teachers face an increase in cognitive, social/emotional and behavioural issues in their classrooms. In 2020, one-quarter of students in Edmonton’s government-run public schools were just learning English, and immigration to Canada—and Alberta especially—has exploded since then. It’s not easy to teach a classroom of kids where a significant proportion do not speak English, many have learning disabilities or exceptional needs, and a few have severe behavioural problems.

Not surprisingly, demand for independent schools in Alberta is growing because many of these schools are designed for students with special needs, Autism, severe learning disabilities and ADHD. Some independent schools cater to students just learning English while others offer cultural focuses, expanded outdoor time, gifted learning and much more.

Which takes us back to the new petition—yet the latest attempt to defund independent schools in Alberta.

Wealthy families will always have school choice. But if the Alberta government wants low-income and middle-class kids to have the ability to access schools that fit them, too, it’s crucial to maintain—or better yet, increase—its support for independent and charter schools.

Consider a fictional Alberta family: the Millers. Their daughter, Lucy, is struggling at her local government-run public school. Her reading is below grade level and she’s being bullied. It’s affecting her self-esteem, her sleep and her overall wellbeing. The Millers pay their taxes. They don’t take vacations, they rent, and they haven’t upgraded their cars in many years. They can’t afford to pay full tuition for Lucy to attend an independent school that offers the approach to education she needs to succeed. However, because the Alberta government partially funds independent schools—which essentially means a portion of the Miller family’s tax dollars follow Lucy to the school of their choice—they’re able to afford the tuition.

The familiar refrain from opponents is that taxpayers shouldn’t pay for independent school tuition. But in fact, if you’re concerned about taxpayers, you should encourage school choice. If Lucy attends a government-run public school, taxpayers pay 100 per cent of her education costs. But if she attends an independent or charter school, taxpayers only pay a portion of the costs while her parents pay the rest. That’s why research shows that school choice saves tax dollars.

If you’re a parent with a child in a government-run public school in Alberta, you now must deal with another teacher strike. If you have a child in an independent or charter school, however, it’s business as usual. If Albertans are ever asked to vote on whether or not to end government funding for independent schools, they should remember that students are the most important stakeholder in education. And providing parents more choices in education is the solution, not the problem.

Paige MacPherson

Associate Director, Education Policy, Fraser Institute
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Alberta

Alberta introduces bill allowing province to reject international agreements

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From LifeSiteNews

By Anthony Murdoch

Under the proposed law, international treaties or accords signed by the federal government would not apply in Alberta unless approved through its own legislation.

Alberta’s Conservative government introduced a new law to protect “constitutional rights” that would allow it to essentially ignore International Agreements, including those by the World Health Organization (WHO), signed by the federal Liberal government.

The new law, Bill 1, titled International Agreements Act and introduced Thursday, according to the government, “draws a clear line: international agreements that touch on provincial areas of jurisdiction must be debated and passed into law in Alberta.”

Should the law pass, which is all but certain as Alberta Premier Danielle Smith’s Conservatives hold a majority government, it would mean that any international treaties or accords signed by the federal government would not apply in Alberta unless approved through its own legislation.

“As we return to the legislature, our government is focused on delivering on the mandate Albertans gave us in 2023 to stand up for this province, protect our freedoms and chart our path forward,” Smith said.

“We will defend our constitutional rights, protect our province’s interests and make sure decisions that affect Albertans are made by Albertans. The federal government stands at a crossroads. Work with us, and we’ll get things done. Overstep, and Alberta will stand its ground.”

According to the Alberta government, while the feds have the “power to enter into international agreements on behalf of Canada,” it “does not” have the “legal authority to impose its terms on provinces.”

“The International Agreements Act reinforces that principle, ensuring Alberta is not bound by obligations negotiated in Ottawa that do not align with provincial priorities,” the province said.

The new Alberta law is not without precedent. In 2000, the province of Quebec passed a similar law, allowing it to ignore international agreements unless approved by local legislators.

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