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CanadaVictoria's plastic bag ban quashed by B.C. court

00:06  12 july  2019
00:06  12 july  2019 Source:   cbc.ca

New Supreme Court ruling on sexual-history evidence delays Joshua Boyle trial

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The City of Victoria has lost a battle in B . C .'s court of appeal over its ban of single-use plastic bags . In a unanimous decision, the court ruled that because Victoria ' s primary aim in enacting the ban was the environment, it required approval by the Minister of Environment — something it failed to receive.

Since last July, businesses in Victoria have been prohibited from offering or selling disposable plastic bags and required to charge customers for paper and The Canadian Plastic Bag Association issued a short statement saying it was pleased the court found the bag ban “invalid” and is now studying the

The City of Victoria has lost a battle in B.C.'s court of appeal over its ban of single-use plastic bags.

In a unanimous decision, the court ruled that because Victoria's primary aim in enacting the ban was the environment, they required approval by the Minister of Environment — something they failed to receive.

The city argued the bylaw was "a valid regulation in relation to business," but in her ruling, Madam Justice Newbury wrote that wasn't the case.

"The city did not set out to prohibit some types of checkout bags and encourage other types in order to interfere with or somehow improve business transactions," she wrote.

This Province Just Became The First In Canada To Officially Ban Plastic Bags

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While the Victoria municipal government contended that the ban was a move to regulate unsustainable business practices under Section 9 of the Charter Now, the B . C . Court of Appeals ruling in favour of the Canadian Plastic Bag Association leaves an uncertain future for this bylaw which, as of July 11th

Victoria Mayor Lisa Helps, pictured in August 2019. Helps says her city isn't giving up its fight to enact a ban on plastic bags in the wake of Thursday' s The court only agrees to hear cases involving significant legal issues of national importance. The city argued the precedent set by B . C .' s appeals

"Rather, it set out to slow down and ultimately end the harm caused by plastics in waterways both local and global."

The Canadian Plastic Bag Association had previously challenged the bylaw, but lost in a lower court.

Newbury also wrote that "while the city's intentions in passing the bylaw were no doubt reasonable, we must give effect to the clear instructions ... requiring the minister's approval. Whatever the reason for not seeking that approval in July 2018, it will now presumably be sought."

The Ministry of Environment did not immediately respond to a question from CBC News as to whether they would grant approval.

Under the December 2017 bylaw, grocery stores can't offer or sell single-use plastic bags to customers and must charge at least 15 cents for paper bags and one dollar for reusable bags.

Victoria's bylaw has since been imitated by a number of Canadian cities.

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Supreme Court won't hear WestJet appeal in harassment case.
OTTAWA — WestJet Airlines has lost a legal bid to put an end to a proposed class-action harassment lawsuit. The Supreme Court of Canada refused today to hear WestJet's arguments to quash the suit launched by a former flight attendant. Mandalena Lewis alleges she was sexually assaulted by a pilot while on a stopover in Hawaii in 2010 and that the airline breached its anti-harassment promise in her contract. Her lawsuit proposes to represent all current and former female WestJet flight attendants whose employment contracts included the airline's pledge. The airline failed in the B.C.

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