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Canadian Criminal Law/Offences/Obstruction of a Peace Officer

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Obstruction of a Peace Officer
s. 129 of the Crim. Code
Election / Plea
Crown ElectionHybrid
JurisdictionProv. Court
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp.Discharge (730)

Suspended Sentence (731(1)(a))
Fine (734)
Fine + Probation (731(1)(b))
Jail (718.3, 787)
Jail + Probation (731(1)(b))
Jail + Fine (734)

Conditional Sentence (742.1)
Maximum6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.same as summary
Maximum2 years jail
References
Offence Elements
Sentence Principles
Sentence Digests

Legislation

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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

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In addition to the essential elements of identity, time and jurisdiction, the prosecution shall prove that:[1]

  1. the complainant was a peace officer within the meaning of s. 2
  2. the peace officer was engaged in lawful duty at all relevant times[2]
    1. If the officer was undertaking an arrest, there were reasonable grounds to do so
  3. the accused knew that the complainant was a peace officer (e.g. could see the officer's uniform, utterance of officer)
  4. the accused obstructed the officer and
  5. the obstruction was wilful


  1. ↑ R. v. Quinones, 2012 BCCA 94 at 9
  2. ↑ R. v. Bowen-Courville 2007 CanLII 736 (ONSC)

Interpretation

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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

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  • R v Tidball 2012 SKPC 28 -- not guilty -- arresting for intoxication, arrest not valid