The Federal Court of Appeal’s Plastics Decision and the Judicial Review of Regulations

Presented by the CBA Alberta Administrative Law (South) Section

On Demand. Originally presented on Mar. 12, 2026.

Nigel will examine the Federal Court of Appeal’s unanimous decision (per Rennie J.A.) in Canada (Attorney General) v. Responsible Plastic Use Coalition, 2026 FCA 17, commonly referred to as the “Plastics” decision.

The presentation will situate the Court’s reasoning within the evolving jurisprudence on the judicial review and supervision of regulations and other forms of subordinate legislation, with particular attention to recent guidance from the Supreme Court of Canada, including Auer v. Auer, 2024 SCC 36. Nigel will trace how the Federal Court of Appeal situates its analysis within this emerging framework and note how lower courts have engaged with the Supreme Court’s guidance.

PRESENTER

Nigel Bankes (Emeritus Professor of Law, University of Calgary)

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