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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

MAiD In Alberta: Province surveying Albertans about assisted suicide policies

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Alberta’s government is launching a public engagement to gather input about legislation and policies around assisted suicide, also referred to as medical assistance in dying (MAID).

Medical assistance in dying is a process that allows an eligible person to receive assistance from a medical practitioner in ending their life. To be found eligible, a person must be suffering from a serious and permanent medical condition.

Alberta’s government is reviewing how MAID is regulated to ensure there is a consistent process as well as oversight that protects vulnerable Albertans, specifically those living with disabilities or suffering from mental health challenges. An online survey is now open for Albertans to share their views and experiences with MAID until Dec. 20.

“We recognize that medical assistance in dying is a very complex and often personal issue and is an important, sensitive and emotional matter for patients and their families. It is important to ensure this process has the necessary supports to protect the most vulnerable. I encourage Albertans who have experience with and opinions on MAID to take this survey.”

Mickey Amery, Minister of Justice and Attorney General

In addition to the online survey, Alberta’s government will also be engaging directly with academics, medical associations, public bodies, religious organizations, regulatory bodies, advocacy groups and others that have an interest in and/or working relationship to the MAID process, health care, disabilities and mental health care.

Feedback gathered through this process will help inform the Alberta government’s planning and policy decision making, including potential legislative changes regarding MAID in Alberta.

“Our government has been clear that we do not support the provision of medically assisted suicide for vulnerable Albertans facing mental illness as their primary purpose for seeking their own death. Instead, our goal is to build a continuum of care where vulnerable Albertans can live in long-term health and fulfilment. We look forward to the feedback of Albertans as we proceed with this important issue.”

Dan Williams, Minister of Mental Health and Addiction

“As MAID is a federally legislated and regulated program that touches the lives of many Albertans, our priority is to ensure we have robust safeguards to protect vulnerable individuals. Albertans’ insights will be essential in developing thoughtful policies on this complex issue.”

Adriana LaGrange, Minister of Health

The federal Criminal Code sets out the MAID eligibility criteria, procedural safeguards and reporting obligations. The federal government has paused MAID eligibility for individuals with a mental illness as their sole underlying medical condition until March 2027 to ensure the provincial health care systems have processes and supports in place. Alberta’s government does not support expanding MAID eligibility to include those facing depression or mental illness and continues to call on the federal government to end this policy altogether.

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Alberta

On gender, Alberta is following the science

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Aristotle Foundation Home

 

 

By J. Edward Les, MD

 

Despite falling into disrepute in recent years, “follow the science” remains our best shot at getting at the truth of the physical sciences.

But science, if we are to place our trust in it, must be properly defined and understood; it is at its essence an ever-changing process, a relentless pursuit of truth that is never “settled,” and one that is unafraid to discard old hypotheses in the face of new evidence.

And it is in this light—in the unforgiving glare of honest science—that Alberta Premier Danielle Smith’s three new legislative initiatives around gender policy are properly understood, notwithstanding the opprobrium they’ve attracted from critics.

Bill 26, the Health Statutes Amendment Act, proposes to prohibit the prescription of puberty blockers and cross-gender hormones for the treatment of gender dysphoria to youth aged 15 and under. It would allow minors aged 16 and 17 to begin puberty blockers and hormone therapies for gender “reassignment” and “affirmation” purposes only with parental, physician, and psychologist approval. The bill also prohibits health professionals from performing sex reassignment surgeries on minors.

Bill 27, the Education Amendment Act, seeks to enshrine parents’ rights to be notified if their kids change their names/pronouns at school, and it gives parents the right to “opt in” to what sort of gender and sex education their kids are exposed to in school.

And Bill 29, the Fairness and Safety in Sports Act, is designed to protect females in sports by ensuring that women and girls can compete in biological female-only divisions, while supporting the formation of co-ed opportunities to support transgender athletes.

Each of these initiatives is entirely reasonable, given what we know of the science underpinning “gender care,” and of the undeniable advantages that a male physique confers upon biological males competing in sports.

The notion that the trifecta of puberty blockers, cross-gender hormones, and revisionist surgery is a pathway to good health was a hypothesis initially devised by Dutch researchers, who were looking to ease the discomfort of transgender adults struggling with incongruence between their physical appearance and their gender identities. As a hypothesis, it was perhaps reasonable.

But as the UK’s Cass Review exposed in withering detail last spring, its premises were wholly unsupported by evidence, and its implementation has caused grievous harm for youth. As Finnish psychiatrist Riittakerttu Kaltiala, one of the architects of that country’s gender program, put it last year, “Gender affirming care is dangerous. I know, because I helped pioneer it.”

It’s no accident, then, that numerous European jurisdictions have pulled back from the “gender affirming care” pathway for youth, such as Sweden, Finland, Belgium, the Netherlands, and the United Kingdom.

It makes perfect sense that Canadians should be cautious as well, and that parents should be apprised if their children are being exposed to these theories at school and informed if their kids are caught up in their premises.

Yet the Canadian medical establishment has remained curiously intransigent on this issue, continuing to insist that the drug-and-surgery-based gender-affirming care model is rooted in evidence.

Premier Smith was asked by a reporter last month whether decisions on these matters aren’t best left to discussions between doctors and their patients; to which she replied:

“I would say doctors aren’t always right.”

Which is rather an understatement, as anyone familiar with the opioid drug crisis can attest, or as anyone acquainted with the darker corners of medical history knows: the frontal lobotomy saga, the thalidomide catastrophe, and the “recovered memories of sexual abuse” scandal are just a few examples of where doctors didn’t “get it right.”

As physicians, we advocate strongly for self-regulation and for the principle that medical decisions are private matters between physicians and patients. But self-regulation isn’t infallible, and when it fails it can be very much in the interests of the public—and especially of patients—for others to intervene, whether they be journalists, lawyers, or political leaders.

The trans discussion shouldn’t be a partisan issue, although it certainly has become one in Canada. It’s worth noting that Britain’s freshly elected Labour Party chose to carry on with the cautious approach adopted by the preceding administration in light of the Cass Review.

Premier Smith’s new polices are eminently sensible and in line with the stance taken by our European colleagues. None of her initiatives are “anti-trans.” Instead, they are pro-child, pro-women, and pro-athlete, and it’s difficult to see how anyone can quibble with that.

Dr. J. Edward Les, MD, is a pediatrician in Calgary, senior fellow at the Aristotle Foundation for Public Policy, and co-author of Teenagers, Children, and Gender Transition Policy: A Comparison of Transgender Medical Policy for Minors in Canada, the United States, and Europe.

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