Canada's single-use plastics ban unconstitutional

A Federal court has ruled the Trudeau government's ban on single-use plastics to be both unreasonable and unconstitutional. The government is appealing the decision. 

Judge's ruling on plastics ban exposes some toxic Liberal thinking | National Post | Colby Cosh: 

November 18, 2023 - "On Thursday a Federal Court judge, the Hon. Angela Furlanetto, startled the Dominion by essentially sweeping aside the Liberal government’s ban on a short list of single-use plastic items, including grocery bags, cutlery, takeout containers and drinking straws.... Justice Furlanetto, asked for judicial review by Alberta and Saskatchewan and a coalition of petrochemical processors, concluded that the actual rule was 'both unreasonable and unconstitutional.' Her judgment is a thorny 200-paragraph monster, but the innermost logic of it is simple. 

"The federal Environmental Protection Act allows Ottawa to ban or restrict 'toxic' substances that might enter the environment. In 2021 the Liberals made a cabinet order essentially saying 'These here single-use plastic items are hereunto declared to be toxic'. Abracadabra!'” No one can show that these items are actually poisonous in the ordinary sense, and the listed items weren’t condemned as substances, i.e., for their chemical content or composition. The reasoning of the government was that if an Arctic lynx might choke on the ring from a six-pack of Labatt Blue, that kinda sorta makes the plastic in the ring 'toxic,' and justifies the federal government in the use of its criminal-law power.

"I don’t know if anyone at the cabinet table anticipated how this argument would fare under a 'reasonableness' analysis with lawyers for two provinces, plus Dow Chemical and Imperial Oil, among others, on the opposite side. But the government almost certainly faced a piece of extra bad luck in having the case go before Justice Furlanetto, a jurist with hard-science credentials that include a master’s degree in biochemistry....

In her judgment she observes that the explicitly stated rationale for the plastics ban was that 'all plastic manufactured items have the potential to become plastic pollution.' Justice Furlanetto found this reasoning to be puzzling.... 'The basic principle of toxicity for chemicals is that all chemical substances have the potential to be toxic,' she writes. 'However, for a chemical substance to be toxic it must be administered to an organism or enter the environment at a rate (or dose) that causes a high enough concentration to trigger a harmful effect. In this instance, the reverse logic appears to be applied: all PMI are identified as toxic because they are made of plastic and because all plastic is deemed to have the potential to become plastic pollution.'

"The judge goes on to accept arguments from the provinces that the order implementing the ban was overbroad, potentially capturing some categories of plastic items for which there is no evidence, or none with any scientific standing, of significant environmental harm. Past caselaw is clear that the federal power to make criminal law must be very closely connected to actual, demonstrable harm: the federal government isn’t supposed to invoke criminal-law power to sneakily engage in economic regulation. Unfortunately for the Liberals, their own documents discussing the ban contain some gasbag talk about creating a 'circular plastics economy,' even though all provinces have plastics regulations of their own (and less than one per cent of Canadian plastics escape the 'managed waste stream' that ends in the landfill).

"Furlanetto concludes: 'The broad and all-encompassing nature of the (banned) category of (plastic manufactured items) poses a threat to the balance of federalism, as it does not restrict regulation to only those PMI that truly have the potential to cause harm to the environment.' 

"So if the Liberals choose to appeal her ruling, they have two (admittedly connected) hurdles to clear. They have to show that their defining of some non-poisonous forms of manufactured plastic as 'toxic' was reasonable.... And they have to show that the whole thing wasn’t a mere abuse of criminal-law power to obtrude into provincial economic jurisdiction. It’s impossible to trust the Supreme Court to uphold Furlanetto wholesale, but she has certainly shed light on the sheer logical shadiness of the plastics ban."

Read more: https://nationalpost.com/opinion/judges-ruling-on-plastics-ban-exposes-some-toxic-liberal-thinking

Feds will appeal single-use plastics ban ruling as pollution impacts are "undebatable": Guilbeault | Global News | November 21, 2023: 

Trudeau gov't gives legacy media more million$$

Image courtesy Michaelgeist.ca

Feds throw another $129 million for failing legacy media bailouts in update | Western Standard | Shaun Polczer:

November 21, 2023 - "Tuesday’s Fall Economic Statement reaffirmed the Liberal’s commitment to several of its key policy priorities including subsidies for EVs, a quadrupling of carbon taxes and billions for childcare subsidies. Buried on Page 67 of the 141-page document are three short paragraphs reaffirming support for another one of its controversial priorities, $129 million in media bailouts over five years starting next year — over and above an 'ongoing' $10 million per year subsidy. 

"Effective for expenditures from ‘eligible’ mainstream media outlets incurred on or after January 1 of 2023, the federal government proposes to increase the yearly limit on labour costs that can be claimed per employee from $55,000 to $85,000 and temporarily increase the tax credit rate from 25% to 35% for a period of four years.

"It comes following the passage of the controversial Online News Act that many news outlets of all stripes — including The Western Standard — have deemed ruinous after social media giants such as Facebook parent company Meta started blocking Canadian news content this summer.... According to media critic Michael Geist, making it retroactive to the start of this year sweetens the deal by at least another $60 million to offset the revenues lost from its own 'disastrous' legislation....

"That’s over and above the nearly $600 million committed in prior budgets....

"According to The Western Standard’s Publisher Derek Fildebrandt.... 'They pass legislation devastating our ability to grow revenues, shrug their shoulders after we told them 100 times this is exactly what would happen, and simply propose to cut more bailout cheques.'"

Read more: https://www.westernstandard.news/alberta/feds-throw-another-129-million-for-failing-legacy-media-bailouts-in-update/50415

Italian government bans lab-grown meat

Italy bans lab-grown meat in nod to farmers | BBC News | Paul Kirby: 

17th November 17, 2023 - "Italian MPs have voted to back a law banning the production, sale or import of cultivated meat or animal feed, in what the right-wing government calls a defence of Italian tradition. 'Italy is the world's first country safe from the social and economic risks of synthetic food,' said Agriculture Minister Francesco Lollobrigida.

"The vote in parliament was met by rallies for and against the ban. At one point, a scuffle broke out between farmers and some MPs. The head of the big Coldiretti farmers' organisation, Ettore Prandini, at one point confronted two MPs from the opposition More Europe party, calling them 'criminals' for opposing the ban.... One of the MPs, Benedetto Della Vedova, accused him of being a hooligan. Centrist colleagues called on the farmers' lobby to apologise....

"Despite the flare-up, parliament backed the bill by 159 votes to 53. Breaching the law would mean a fine of up to €60,000 (£52,000).

"For now, the law will have little effect.... The EU [European Union] has not yet given any lab-grown meat, described as 'novel foods', the green light. If it does, however, Italy's new law could be challenged by the European Commission....

"The new law is a victory for Italy's agriculture minister, who a year ago vowed to prevent 'synthetic food' from reaching dining tables in Italy. He praised MPs for backing the new law, which came in response to a petition organised by the Coldiretti lobby group.... Mr Lollobrigida is part of the prime minister's far-right Brothers of Italy party and has previously extolled Italy's proud tradition of food and wine culture.

"But the petition was condemned by Prof Elena Cattaneo, a lifelong senator and leading bioscience specialist, who said it was a emotive, cartoon-style leaflet that classed natural food as good and cultivated food as bad and made from 'crazy cells in bioreactors'.

"The law bars synthetic foods produced from animal cells without killing the animal and prevents producers from using meat-related words on labels to describe plant-based protein. Critics point out there is nothing synthetic about lab-grown meat, as it is created by growing natural cells without genetic modification.

"The law is also a blow for animal welfare groups, who have highlighted lab-made meat as a solution towards protecting the environment from carbon emissions."

Read more: https://www.bbc.com/news/world-europe-67448116

The Cultured Meat Controversy: Italy's Ban Explained | Red Tomato Magazine | November 6, 2023: 

Javier Milei elected president in Argentina

Javier Milei promises 'drastic' changes for Argentina after dominant election win | CBC News | Associated Press:

November 19, 2023 - "Javier Milei resoundingly won Argentina's presidential election Sunday, swinging the country to the right following a fiercely polarized campaign in which he promised a dramatic shake-up to the state to deal with soaring inflation and rising poverty. With 99.4 per cent of votes tallied in the presidential runoff, Milei had 55.7 per cent and Economy Minister Sergio Massa 44.3 per cent ... the highest percentage that a presidential candidate has received since the South American country's return to democracy in 1983.

"In the streets of Buenos Aires, drivers honked their horns and many took to the streets to celebrate in several neighbourhoods. Outside Milei's party headquarters, a hotel in downtown Buenos Aires, a full-on party kicked off with supporters singing, buying beers from vendors and setting off coloured smoke bombs. Inside, the self-described anarcho-capitalist ... delivered his victory speech.... 'Argentina's situation is critical. The changes our country needs are drastic. There is no room for gradualism, no room for lukewarm measures,' Milei told supporters....

"With a Milei victory, ... a freshman lawmaker who got his start as a television talking head blasting what he called the 'political caste' will assume the presidency.

"Inflation has soared above 140 per cent and poverty has worsened while Massa has held his post. Milei has said he would slash the size of the government, dollarize the economy and eliminate the Central Bank as a way to tackle galloping inflation that he blames on successive governments printing money indiscriminately in order to fund public spending.... 

"Massa's campaign cautioned Argentines that his libertarian opponent's plan to eliminate key ministries and otherwise sharply curtail the state would threaten public services, including health and education, and welfare programs many rely on. Milei accused Massa and his allies of running a 'campaign of fear'.... In his final campaign ad, Milei looks at the camera and assures voters he has no plans to privatize education or health care.... 

"Most pre-election polls, which have been notoriously wrong at every step of this year's campaign, showed a statistical tie between the two candidates or Milei slightly ahead.

"The bitterness of the campaign was evident Sunday when Milei's running mate, Victoria Villaruel, went to vote and was met by protesters angry at her claims that the number of victims from Argentina's bloody 1976-1983 military dictatorship is far below what human rights organizations have long claimed, among other controversial positions."

Read more: https://www.cbc.ca/news/world/argentina-presidential-election-1.7033471

A Libertarian President in Argentina? - Reason Magazine | ReasonTV | August 23, 2023: 

Ontario lawyer defends the unmasked underdog

Windsor lawyer defends rights of maskless | Western Standard | Lee Harding: 

November 13, 2023 - "A Windsor, Ontario lawyer who defends clients regarding pandemic regulations said an unsuccessful public health case against him was a waste of tax dollars and public resources. Antoine d’Ailly was charged in December 2020 under the Reopening Ontario Act for not demanding proof from maskless members of the public in his office who claimed a mask exemption.  Inconsistencies in the evidence  provided November 1 by the Essex County Health Unit's enforcement officer led to the prosecution withdrawing charges mid-trial.

Antione d'Ailly, LinkedIn.

"D’Ailly said his office did not interrogate people regarding their mask exemption, something the city’s own lawyer advised.... In a memorandum dated August 18, 2020, city solicitor Shelby Askin Hager wrote responses to questions posed to her including, 'Can members of the public be asked for proof that they qualify for an exemption? To this, Hager wrote, 'No. This would constitute a human rights infringement.'

"D’Ailly said this was only one more reason the city should not have targeted him. Despite that opinion, local enforcement officials went ahead and 'aggressively enforced masking requirements anyways' he said. 'You look at the massive waste of resources on this issue. The health unit was conducting surveillance, they were camped outside of my office, they took this to trial – I think it's all an unnecessary waste of tax dollars'.... 

"In his legal practice, d’Ailly said he has filed over 30 applications to the Human Rights Tribunal of Ontario, including a couple calling for judicial review because personnel at the human rights tribunal 'appear to be skirting the issue of jurisdiction.'

“'It seems pretty obvious to us that the Human Rights Tribunal in Ontario is doing everything they can to pretend it doesn't have jurisdiction over these types of cases. As soon as they admit they have jurisdiction, their enabling legislation requires them to hold an oral hearing,' he said. 'You've got instances where somebody with a signed medical note, stating they have a medical condition which precludes them from being able to wear a mask is being discriminated against by the enforcement of a no mask, no service, no exceptions policy. The tribunal's response is essentially, "I don't see how this is within our jurisdiction," and then your remaining remedy is to seek judicial review'.... D'Ailly said this means some people only get the justice they can afford instead of the justice they deserve. 

"He says there are many valid reasons why some people are unable to mask.... 'The reality is a lot of these people that were unable to mask endured a lot of trauma by being berated and even assaulted while trying to access essential services. Oftentimes, they don't have the medical evidence that some businesses or even the Human Rights Tribunal demanded. I think there's injustice there.'

"D’Ailly has some public successes across Ontario under his belt. 

• A judge ruled an elderly Burlington couple did not have to wear masks in their building, despite the condo board’s wishes. 
• A North Bay businesswoman charged for opening her store had charges dropped against her. 
• And, a woman in Wallaceburg  was successful after a full day trial resulted in the court dismissing a charge for organizing an anti-lockdown rally in November 2020.

"Defending fundamental liberties in such cases is important, d’Ailly insisted. 'I think more Canadians need to stand up to preserve our hard-won rights' he said."

Read more: https://www.westernstandard.news/ontario/windsor-lawyer-defends-rights-of-maskless/50188 

Libertarianism rising in Latin America

Latin America's economic conditions are ripe for radical change — and U.S.-backed libertarian influence networks see an opportunity.

Illustration courtesy The Intercept.

Why Libertarianism Is Rising in Latin America | Foreign Policy | Juan P. Villasmil:

November 16, 2023 - "National populism is increasingly defining right-wing electoral politics in the United States and Europe. But Latin America has chosen a different path — emerging as a bastion of libertarianism on the global stage. "This year alone, 

• a self-described anarcho-capitalist has become the new face of Argentina’s opposition. Javier Milei earned the most votes in the country’s August presidential primaries and then eliminated center-right candidate Patricia Bullrich in the first round of presidential elections on Oct. 22. Milei is set to face off with Economy Minister Sergio Massa, of the governing Peronist movement, in a Nov. 19 runoff.... Massa finished first in the Oct. 22 election, but ... [t]he right-of-center vote was split between Bullrich and Milei, and Bullrich has since endorsed Milei. So has former conservative President Mauricio Macri. Polling is inconsistent, but Milei leads six national polls in a survey of 10 polls assessed by El Observador.... [Milei won - gd]
• On the same day as Argentina’s first-round election, Venezuela’s María Corina Machado and her libertarian party humiliated the traditional opposition in primaries ahead of expected presidential elections next year. Machado, who has been compared to former British Prime Minister Margaret Thatcher, is one of the lone voices in Venezuela’s opposition openly advocating for the privatization of the oil industry.... Her party has also organized seminars celebrating libertarian titan Milton Friedman. Machado herself has shown support for socially progressive causes such as gay marriage, distancing herself from both social conservatism and Keynesian economics.
• "In Uruguay, meanwhile, a libertarian party inspired by Milei officially registered with authorities on Sep. 29, saying it seeks to 'go beyond' right vs. left discourse and aims to respect 'everyone’s individual rights.' 
• In Ecuador, Daniel Noboa — the son of the country’s wealthiest man — recently defeated his socialist rival and is set to continue the pro-business legacy of his predecessor Guillermo Lasso. Noboa’s principles are the most confusing of any of the aforementioned politicians. He defines himself as center-left while citing free enterprise as his priority. In 2021, his predecessor — and now supporter — Lasso earned an endorsement from Ecuador’s Libertarian Movement.

"The political economy of Latin America helps explain why it has become the perfect breeding ground for libertarianism. The rapid growth of the movement, though, should be attributed to a network of libertarian think tanks, leaders, and activists who have long peddled influence — and are starting to see it pay off....

"From 1970 to 1982, Latin America’s total debt levels increased by more than 1,000 percent (from $29 to $327 billion). The lost decade, as scholars now call it, angered millions of Latin Americans... It was then, as popular discontent soared, that the Soviet Union found the perfect conditions to further challenge the United States in its hemisphere, which in turn only reinvigorated U.S. interventionism. Both countries aided Latin American dictatorships that killed hundreds in their respective quests to expand socialist and capitalist economic models. Most notably, the United States backed Chile’s Augusto Pinochet and Argentina’s Jorge Videla while the Soviets supported Cuba’s Fidel Castro and Nicaragua’s Daniel Ortega. The politically motivated decisions of this era accelerated Latin American dysfunction, fostering a reactionary loop of capitalism begetting socialism and vice versa.

"Latin America was then — and remains today—the most unequal region in the world.... [E]ight out of the 20 most economically unequal countries on the planet are located in the region. It is there where socialists found the perfect terrain to spread their ideas, and after they governed, the inflation-ridden and capital-fleeing states they left behind became cannon fodder for the pro-business political class.... But when inequality remained, socialists once again reaped the ideal conditions for their movement to flourish.... Over the past few years, ... Chile and Colombia, which previously resisted the so-called 'Pink Tide,' have elected socialists, while in Argentina and Brazil, conservative presidents failed to win reelection.

"As the left’s grasp over the region increased, libertarians were organizing. Dissatisfied with both socialism and what they viewed as a weak conservative opposition, social media-savvy public intellectuals such as Milei became icons. He was not alone: Less famous members of this cohort include Guatemala’s Gloria Álvarez (who announced that she would run for president even though she didn’t meet the age limit) and Chile’s Axel Kaiser (who founded the libertarian think tank Foundation for Progress)....

"Wealthy Americans, such as the Koch brothers, have played a role funding not only libertarian think tanks in the United States, including the Cato Institute, but have also founded networks with a vast presence in Latin America. The Atlas Network, for instance — which describes itself as a 'think tank that creates think tanks' — has around 500 partners around the world, and its friends include Machado, Colombian presidential-candidate-in-the-making María Fernanda Cabal, and Peruvian Nobel Prize winner Mario Vargas Llosa. In 2018, the network created a Center for Latin America ... and at the time included more than 80 affiliate civil society organizations. Two notable members are Chile’s Fundación Piensa and Argentina’s Libertad y Progreso. The Argentinian think tank also partners with the Cato Institute, the Acton Institute, and the Heritage Foundation.

"Similarly, under the banner of free-market economics, regional alliances have also been strengthened. The Liberal Network for Latin America (RELIAL) was established in 2004. It is the regional organization of Liberal International, which was founded in Oxford, England, in 1947, and has since become the preeminent global liberal organization, with dozens of member political parties throughout the world. RELIAL now includes 42 institutions from 17 Latin American countries, such as research institutes and foundations. Machado’s party is a member.... According to a 2009 Aporrea report by Eva Golinger, the American journalist-turned-Chávez advisor, CEDICE has received direct financial support and strategic advice from the U.S. government since 2001. Golinger, known for using Freedom of Information Act requests to uncover U.S. involvement in Venezuela, has drawn connections between the National Endowment for Democracy, the U.S. Agency for International Development, and CEDICE.... Golinger’s report also points out how the Cato Institute has worked alongside CEDICE, such as via the ElCato-CEDICE University in Caracas, as well as directly with Venezuela’s opposition. Cato granted the Milton Friedman Prize to Venezuelan politician Yon Goicoechea in 2008....

"Russian American writer Ayn Rand has become an ideological sweetheart among Latin America’s right-of-center activists. Groups such as the Ayn Rand Latin America Center have held Ayn Rand conventions in Argentina and Brazil, and Rand’s Atlas Shrugged has flooded Latin American bookshelves following the publication of a translation in 2019. Milei has even called for an “Atlas rebellion.” Venezuelan libertarian activists based in the United States—including Univision’s Linea de Fuego talk show host Franklin Camargo and the Young America’s Foundation’s Daniel Di Martino—showcase the growing influence of those who love Rand’s ideas.... 

"Latin American libertarians have taken organizing seriously. As new elections approach, don’t be surprised by their success."

Read more: https://foreignpolicy.com/2023/11/16/argentina-election-milei-venezuela-machado-libertarianism-economics-us-influence/

Liberals block farm carbon tax relief bill in Senate

The Trudeau government failed to stop Bill C-234, which provides a limited carbon tax exemption for farmers, when it passed the House of Commons in March. Now they are using their "independent" Senators to keep it from being voted on in the Senate.

Liberals face another carbon tax crisis in Senate vote on farm exemptions | Calgary Herald | Don Braid 

November 14, 2023 - "The federal Liberals created their own mess over the carbon tax, and it gets worse by the day. A new poll from Abacus Data shows that 72 per cent of Canadians think all forms of home heating fuel should be free of carbon tax.... 60 per cent of respondents are aware that the Liberals exempted heating oil from the tax, a benefit mainly to Atlantic Canada. People generally agree with the tax break for folks down east. But they also want it for the fuel they use to heat their own homes,... 

"The Liberals insisted there would be no more 'carve-outs' for any sector when their tax castle began to totter. Prime Minister Justin Trudeau vowed it won’t happen. Environment and Climate Change Minister Steven Guilbeault said there will be no more carve-outs as long as he’s in the job. 

"Along comes Bill C-234 — a genuine crisis for the Liberals, because it’s all about another reasonable carve-out. Now in the Senate, C-234 would exempt fuel for grain-drying and heating farm structures from the carbon tax. Many Alberta farmers complain bitterly that the tax is onerous and they have no viable alternatives to natural gas. Conservative Leader Pierre Poilievre has declared a national campaign to force Bill C-234 through the Senate.... The government desperately wants the bill to fail when votes are called, likely next week. 'Independent' senators (mostly named by the Liberals) are under intense pressure to reject the bill.

"This Conservative private member’s bill cruised through the House of Commons in March. It was supported by the Conservatives, New Democrats and even a few Liberals. Bill C-234 wasn’t highly controversial. It moved on to detailed Senate hearings. And then, Newfoundland MP Gudie Hutchings boasted about how Atlantic Liberal MPs and ministers talked the government into removing the tax from heating oil. A little-known bill that affects farm operations suddenly became the latest front in the carbon tax battle....

"Alberta Sen. Paula Simons, a devoted champion of the carbon tax, first decided grain-drying should be exempt because there is no alternative to natural gas. She also concluded that the tax should still apply for heating farm structures. Then came the heating oil fiasco. Simons was shocked. On Oct. 31, she told the Senate: 'Now, how am I, as an Alberta senator, supposed to look Alberta farmers in the face and tell them that I took a principled stand against carbon tax exemptions when the government has pulled the rug right out from under me?.... I’m not even sure how I’m going to vote. I just know that I’m feeling pretty foolish right now, pretty betrayed, and I wish I didn’t. Thank you.' Betrayed. A strong word from a Trudeau appointee to the 'independent' caucus, which is Liberal in all but name.

"Former Conservative senator Doug Black, from Calgary, ... says Bill C-234 'is not a concession to farmers; it’s a very important part of supporting the agriculture industry in the country. It’s close to motherhood. Initially that’s what everybody else thought, too. Then what happened? The prime minister did his deal with Atlantic Canada in respect of home heating oil, and it blew up in his face. Therefore, the bill must be killed. That’s what’s going on'.... 

"The bill will probably be defeated but anger will continue to rise over this regional absolutism. The Liberals deserve a long fall into the trap they set for themselves."

Read more: https://calgaryherald.com/opinion/columnists/braid-liberals-carbon-tax-crisis-farm-exemptions

Could there be another carbon tax carve-out for farm heating? | CBC News | November 10, 2023: