Business
Canadian Constitution Foundation in court this week intervening in “plastics ban” case
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
MxM News
Quick Hit:
On the 10-year anniversary of Donald Trump’s iconic campaign launch, the Trump family announced the debut of Trump Mobile, a new wireless company offering American-built smartphones, 5G coverage, and a values-driven alternative to Big Tech carriers.
Key Details:
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Donald Trump Jr. and Eric Trump introduced Trump Mobile’s flagship service Monday, calling it a “transformational” alternative aimed at “our nation’s hardest-working people.”
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The “47 Plan,” priced at $47.45/month, offers unlimited talk, text, and data, free international calls to U.S. military families, telehealth, roadside assistance, and no credit checks.
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Trump Mobile’s customer support is fully U.S.-based and live 24/7—“not automated,” the company says—while a new American-made “T1 Phone” is slated for release in August.
Diving Deeper:
Marking ten years since President Donald Trump descended the golden escalator to launch his first campaign, the Trump Organization on Monday announced its boldest private sector move yet: Trump Mobile.
Flanked by company executives, Donald Trump Jr. and Eric Trump unveiled the new cellular service, touting it as a patriotic, people-first alternative to legacy providers. “We’re building on the movement to put America first,” Trump Jr. said in a statement. “We will deliver the highest levels of quality and service.”
The cornerstone of Trump Mobile is the 47 Plan. Offered for $47.45/month, the plan includes unlimited data, full 5G coverage across all three major carriers, and a suite of benefits tailored to middle-class families, truckers, veterans, and anyone tired of paying premiums to companies that don’t share their values.
Among the key perks: 24/7 American-based customer service (with “real people,” not bots), comprehensive device protection, roadside assistance through Drive America, and telehealth services including mental health support and prescription delivery. Most notably, the plan includes free international calling to over 100 countries—an effort the Trump family says honors U.S. military families stationed abroad.
“We’re especially proud to offer free long-distance calling to our military members and their families,” said Eric Trump. “Those serving overseas should always be able to stay connected to the people they love back home.”
Unlike traditional providers, Trump Mobile advertises no contracts and no credit checks, appealing to a demographic long underserved by mainstream telecom giants. “Hard-working Americans deserve a wireless service that’s affordable, reflects their values, and delivers reliable quality they can count on,” Eric Trump added.
The company is also preparing to launch the T1 Phone in August—a sleek, gold smartphone “engineered for performance” and “proudly designed and built in the United States.” With that, the Trump Organization is not just entering the mobile market—it’s staking a claim as a direct competitor to Apple and Samsung.
From LifeSiteNews
Canada’s prime minister said it was a ‘great honor’ to host the U.S. president and praised him for saying Canada wants to work with the U.S. ‘hand-in-hand.’
During the second day of the G7 leaders meeting in the Kananaskis area in Alberta, Canadian Prime Minister Mark Carney praised U.S. President Donald Trump’s world “leadership” despite saying many negative things about him during his election campaign.
While speaking to reporters Monday, Trump hinted that a new trade deal between Canada and the United States was potentially only “weeks” away. This came after a private meeting with Carney before the official G7 talks commenced.
“We’ve developed a very good relationship. And we’re going to be talking about trade and many other things,” Trump told reporters.
Carney was less vocal, however. He used the opportunity to tell reporters he was happy Trump came to his country for the G7 meeting, saying it was a “great honor” to host him.
“This marks the 50th birthday of the G7, and the G7 is nothing without U.S. leadership,” Carney told reporters.
He then spoke about Trump’s “personal leadership” on world issues and praised him for saying Canada wants to work with the U.S. “hand-in-hand.”
Carney ran his election campaign by claiming the Conservative Party would bow to Trump’s demands despite the fact that the party never said such things.
During his federal election campaign, Carney repeatedly took issue with Trump and the U.S. that turned into an anti-American Canadian legacy media frenzy.
However, the reality is, after Carney won the April 28 federal election, Trump praised him, saying, “Canada chose a very talented person.”
Many political pundits have said that Carney owes his win to Trump, as the U.S. president suggested on multiple occasions that he would rather work with Carney than conservative leader Pierre Poilievre.
Trump has routinely suggested that Canada become an American state in recent months, often making such statements while talking about or implementing trade tariffs on Canadian goods.
As for Carney, he has said his government plans to launch a “new economy” in Canada that will involve “deepening” ties to the world.
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