Canadian Criminal Law/Offences/Obstruction of a Peace Officer
| Obstruction of a Peace Officer | |
|---|---|
| s. 129 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 6 months jail or $5,000 fine |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 2 years jail |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]The Criminal Codes states:
129. Every one who
- (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
- (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
- (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
- (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (e) an offence punishable on summary conviction.
R.S., c. C-34, s. 118; 1972, c. 13, s. 7.
– CCC
Proof of Offence
[edit | edit source]In addition to the essential elements of identity, time and jurisdiction, the prosecution shall prove that:[1]
- the complainant was a peace officer within the meaning of s. 2
- the peace officer was engaged in lawful duty at all relevant times[2]
- If the officer was undertaking an arrest, there were reasonable grounds to do so
- the accused knew that the complainant was a peace officer (e.g. could see the officer's uniform, utterance of officer)
- the accused obstructed the officer and
- the obstruction was wilful
- ↑ R. v. Quinones, 2012 BCCA 94 at 9
- ↑ R. v. Bowen-Courville 2007 CanLII 736 (ONSC)
Interpretation
[edit | edit source]Obstruction
In R v Soltys (1980) 56 CCC (2d) 43 at p 45, the BC Court of Appeal, cited Black's Law Dictionary, stated "obstruct" means "to impede; to interpose impediments to the hindrance or frustration of some act or service; such as to obstruct an officer in the execution of his duty".
Cases
[edit | edit source]- R v Tidball 2012 SKPC 28 -- not guilty -- arresting for intoxication, arrest not valid