Victoria to seek leave to appeal B.C. court’s decision to quash plastic bag bylaw

B.C.’s appeals court had sided with the Plastic Bag Association

The City of Victoria will seek leave to appeal the B.C. Court of Appeals decision to quash its plastic bag ban.

Mayor Lisa Helps announced the move Wednesday at the annual Union of B.C. Municipalities Convention in Vancouver.

The municipal bylaw came into effect on July 1, 2018, regulating the issuance and sale of single-use plastic bags. Businesses were instructed to instead offer paper or reusable bags for purchase, or else face heavy fines.

The B.C. Supreme Court had ruled in favour of the bylaw but the B.C. Court of Appeal overturned the decision and sided with the Plastic Bag Association.

“We think it’s really important that local governments have the authority to regulate businesses in line with the values of our community,” Helps said.

“Since the bylaw was struck down, 95 to 97 per cent of our businesses are still operating as if the bylaw was in place.”

Helps said appealing the decision to the Supreme Court of Canada was not just about the use of plastic bags in Victoria stores.

“The Court of Appeal’s decision that the bylaw requires provincial approval, which we fundamentally disagree with, runs contrary to a principle previously mentioned at the Supreme Court of Canada,” she said.

The principle is “that lawmaking and implementation are often best achieved at the level of government that’s closest to the citizens. That’s the argument here.”

READ MORE: Victoria to look at options after BC Court of Appeal sides with plastic bag industry


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

VIDEO: James Bay wolf released into wild of western Vancouver Island

Conservation officers confirm wolf is from Discovery Island

Victoria shops avoid plastic bags, despite bylaw being voided

The city is working on getting the bylaw re-established

Traffic delays: Saturday work added to Highway 1 construction schedule

Work continues on dangerous stretch between Leigh Road and West Shore Parkway

Helicopter crash claims legendary baseball coach who sent players to Victoria HarbourCats

HarbourCats manager had met John Altobelli, 56, during recruitment trip in California

Supreme Court bans Victoria man from practising law

Jeremy Maddock received a law degree in 2016 but never completed articling

VIDEO: Driver guilty in Saanich crash that left 11-year-old with catastrophic brain injuries

North Saanich woman convicted on one count of dangerous driving causing bodily harm

Swapping grape varieties can help winemakers adapt to climate change: UBC study

Report says 56% of wine-grape-growing regions would be lost if global climate warms by 2 C

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

Filming for Resident Alien begins in Ladysmith

Aliens and excitement take over the streets of Ladysmith during new TV series

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

After four sexual assaults in the same B.C. park, RCMP ask women not to walk alone

Four sexual assaults took place in Glen Park over two months

The Three Bears are down to two after baby bear carving stolen from his perch in Island community

Thief repeatedly kicked it and dislodged it from cement and rebar

BC Place lights up in purple and yellow to honour Kobe Bryant

Kobe Bryant, his 13-year-old daughter and seven others were killed in a helicopter crash

Most Read