Canadian Criminal Law/Offences/Intimidation of a Justice System Participant
|Intimidation of a Justice System Participant|
|s. 423.1 of the Crim. Code|
|Election / Plea|
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Maximum||14 years jail|
Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
- (a) a group of persons or the general public in order to impede the administration of criminal justice;
- (b) a justice system participant in order to impede him or her in the performance of his or her duties; or
- (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
(2) The conduct referred to in subsection (1) consists of
- (a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
- (b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
- (c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
- (d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
- (e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
Proof of Offence
- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- do the prohibited conduct (does not need to be successful in objective)
- the accused knew the victim was of the prohibited class of people
- the conduct was intended to provoked a state of fear in the prohibited group in order to impede them in some aspect of their conduct.
- no lawful authority
An accused need only foresee that, by conveying a threat of violence to a justice system participant, a form of intimidation was likely to result sufficient to impede the official in the general performance of his or her duties..
Justice System Participant
s. 2 ...
“justice system participant” means
- (a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council, and
- (b) a person who plays a role in the administration of criminal justice, including
- (i) the Minister of Public Safety and Emergency Preparedness and a Minister responsible for policing in a province,
- (ii) a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,
- (iii) a judge and a justice,
- (iv) a juror and a person who is summoned as a juror,
- (v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,
- (vi) a peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition “peace officer”,
- (vii) a civilian employee of a police force,
- (viii) a person employed in the administration of a court,
- (viii.1) a public officer within the meaning of subsection 25.1(1) and a person acting at the direction of such an officer,
- (ix) an employee of the Canada Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,
- (ix.1) an employee of the Canada Border Services Agency who is involved in the investigation of an offence under an Act of Parliament,
- (x) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the Corrections and Conditional Release Act, and
- (xi) an employee and a member of the National Parole Board and of a provincial parole board;
Threatening to Engage
The crown must prove that the accused could foresee that by conveying a threat of violence, intimidation sufficient to impede the person's performance in their duties would result.
- R v Armstrong 2012 BCCA 248 (CanLII)
- R. v. Cluney, 2008 SKQB 240