Canadian Criminal Law/Offences/Disarming a Peace Officer

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Legislation[edit]

Disarming a peace officer
270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

Definition of “weapon”
(2) For the purpose of subsection (1), “weapon” means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.

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CCC

Proof of Offence[edit]

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the peace officer was in possession of a weapon
  5. the accused took or attempted to take the weapon in the officer's possession
  6. the peace officer was in the execution of his duty;
  7. the peace officer did not give consent.

Interpretation[edit]