Obstruction Charge Results in 45 Days in Jail

On August 14, 2017, an individual operating an automotive and scrap metal business at a property situated along Haldimand Highway in Canfield was sentenced to 45 days in jail for obstructing Ministry of the Environment and Climate Change Provincial Officers (“Ministry Officers”) in the performance of their duties, contrary to the Environmental Protection Act.

The automotive and scrap metal business operated by the individual specializes in heavy truck sales and repairs, heavy equipment and used truck parts in addition to operating a salvage and scrap metal yard. The company purchases scrap metal from the public, sorts it, and resells it along with the scrap created from on-site operations.

On May 27, 2014 two Ministry Officers attended the property as part of the Ministry’s inspection program. When they approached the individual on-site the Ministry Officers were advised that they had no right to be there. The individual became agitated and threatened the officers.

The Ministry Officers proceeded, after repeatedly being advised that they had no right to conduct an inspection and could not gain entry, to obtain a Judicial Entry Inspection Order on September 10, 2014. This order was obtained with the assistance of the Ontario Provincial Police.

This matter was referred to the Ministry’s Investigation and Enforcement Branch, which proceeded to file charges. The individual was charged and convicted on April 26, 2017. However, on August 11, 2017 the individual served notice to the Crown advising that he intended to appeal the conviction. On August 14, 2017 the Court sentenced the individual to 45 days in jail with the sentence to be served immediately.