Mr. McLean, thank you very much for the question.
As you may know, there are already two challenges in the federal courts against the plastic manufactured items designation that's in effect pending the results of federal court cases. They were brought by an industry coalition concerned about that designation. The first of those two cases was actually brought a month after Bill C-28—which is the predecessor to Bill S-5—was tabled in Parliament. There's not necessarily a connection between the two, although the timing is...as I've suggested.
The basis for their concern, as I understand it from reading the notice of application, is that the constitutional foundation for CEPA is subsection 91(27) of the Constitution Act of 1867, the criminal law power. In order for federal legislation to be designated as valid based on the criminal law power, it has to have a valid criminal law purpose. The courts have said, essentially, that the problem has to be an evil or something that is injurious to the public.
I take it from the claims in the documents that were filed in federal court that the industry coalitions are suggesting that plastic manufactured items are not injurious to the public. That's their claim. How that will play out is for the federal courts to sort.
What I'm concerned about is—