Appeal Judge Rules Law Cracking Down on Scrap Metal Thieves Isn't Unconstitutional

SEATTLE (Scrap Monster):  Provincial legislation aimed at curbing scrap metal thefts isn’t unconstitutional, a judge ruled Tuesday in overturning a lower court ruling.

Court of King’s Bench Justice Glen Poelman said the Scrap Metal Dealers and Recyclers Identification Act didn’t fall under criminal law which is solely within the powers of the federal government granted in the Constitution Act.

 Justice Heather Lamoureux concluded last November that the Alberta legislation fell outside the powers of the provincial government and therefore was of no force and effect.

But Poelman overturned the Calgary Court of Justice judge’s decision finding the law was aimed at deterring criminal behaviour, not dealing with crime.

“The focus of criminal law is on punishment and penalty rather than preventive measures,” Poelman wrote.

“The fact that provincial legislation deals with ‘crime’ does not make it criminal law within the meaning of section 91(27) of the Constitution Act.”

Poelman noted the legislation regulates what purchases of scrap metal must do when buying products from sellers.

Amrullah Khairullah, owner of Power Recycling, which purchases catalytic converters and other scrap metal, had challenged the legislation as violating the Constitution Act.

But Poelman said Lamoureux erred in finding the law stepped into federal government territory.

“The trial judge was of the opinion that the act fell within the criminal law power of the federal government partly because of broad powers given to police to investigate, but also because the dominant purpose of the act ‘is to deter crime, the theft of metal products,'” Poelman said.

“However, the fact that legislation touches on ‘crime’ or deters it does not make it criminal law.”

The act requires purchasers to collect information about sellers of scrap metal and forces dealers to report to a law enforcement agency if they reasonably believed they possessed metal that was stolen.

Because Khairullah challenged the legislation for Charter violations, Poelman referred the case back to Court of Justice to deal with those issues.

 Courtesy: www.calgaryherald.com