Resisting Arrest Lawyers Edmonton

What is Resisting Arrest?

Resisting arrest is the act of physically resisting the attempts of a peace officer to detain or arrest you. This offence requires more than mere passive uncooperative behaviour, it requires active physical resistance.

Section 129 of the Criminal Code of Canada states the offence of resisting arrest as follows:

In the Criminal Code, peace officers and public officers are widely defined, and include:

• Edmonton police officers
• RCMP
• Canadian Forces officers
• Customs officers
• Mayors
• Pilots
• Bailiffs
• Wardens, and more.

In order to be found guilty of resisting arrest in Canada, the Crown Prosecutor is required to prove beyond a reasonable doubt each of the following elements:

• You resisted a peace or public officer who was attempting to arrest you;
• The arrest was lawful;
• You knew they were an officer engaged in a lawful duty; and
• The resistance was wilful.

The word “resists” has been found to require more than just passive resistance, usually requiring some degree of force opposing the actions of the officer. For example, simply refusing to stand up or walk to the police car may be insufficient.

The word “duty” is equally wide in the case law, but must be a lawful duty, and typically involves an officer making an arrest. For example, it would not be resisting if an officer had no reasonable grounds to make an arrest.

Another common variation of this offence is Obstructing a Peace Officer or, if the resistance included an assault, Assaulting a Peace Officer.

Investigation of Resisting Arrest Charges in Edmonton

An investigation of an alleged resisting arrest charge in Edmonton is typically initiated by the peace officer alleged to have been resisted. Because peace officers and public officers are often vested with powers authorizing arrest, a charge can flow directly from the alleged resisting and may rely solely on the statement of the officer.

Resisting arrest relates to the impeding of an officer performing a lawful duty, therefore police typically take such matters seriously and will investigate the incident fully. This may include interviewing all witnesses, reviewing any video surveillance, seizing any evidence involved, photographing the scene, and obtaining medical records, if relevant.

After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.

After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you, and we will also explain the criminal court process.

Bail Process and Conditions for Resisting Arrest Charges in Edmonton

If you are charged with resisting arrest in Edmonton, the courts will treat the allegation seriously. Resisting arrest does not require hurting an officer. The offence applies when someone physically struggles, pulls away, runs, refuses to be handcuffed, or interferes with lawful arrest procedures. Even a short moment of panic or instinctive reaction can lead to criminal charges and a permanent record.

If bail is granted for resisting arrest in Edmonton, expect conditions that limit your freedom.

• You will be banned from contacting the officer involved, their family, or any witnesses. This includes direct contact, indirect messages, texting, social media, or using someone else to pass information.
• The court may restrict where you can go in Edmonton, including staying away from the location of the incident or police facilities tied to the case.
• You may be required to live at an approved Edmonton residence and follow a curfew, leaving only for work, medical reasons, court dates, or meetings with your lawyer.
• The court may require sureties. These are individuals who supervise you and risk losing substantial money if you violate your conditions.
• You will not be allowed to possess firearms, weapons, or anything police could consider a weapon. Any licences must be surrendered immediately.
• If alcohol or drugs are believed to have contributed to the arrest incident, the court may impose abstinence, random testing, or treatment programs.
• You may have to check in regularly with a bail supervisor or Edmonton Police Service.
• If the charge involves flight from police, violence, or previous breaches, the court may order electronic monitoring to track your movements.
• Any breach of your bail conditions, even minor, can result in immediate arrest and detention at the Edmonton Remand Centre. You may also face separate criminal charges for the breach.

Resisting arrest charges are often misunderstood. Many cases start with confusion, fear, or uncertainty about what the officer is doing or whether you are actually under arrest. Others involve escalating situations, forceful arrest tactics, or miscommunication. A strong defence can challenge the legality of the arrest, the officer’s conduct, and what actually happened in those moments.

If you or someone you know has been charged with resisting arrest in Edmonton, speak to Strategic Criminal Defence as soon as possible. Early legal intervention can protect your rights, preserve evidence, and position you for the best possible outcome.

For more information, visit our page on The Bail Hearing Process in Edmonton.

Penalties for Resisting Arrest Charges in Edmonton

In cases of resisting arrest charges, the likelihood of going to jail if convicted is relatively low.

However, the risk of jail time increases dramatically where:

• The resisting was a significant use of force;
• The resisting was done for the benefit of a criminal organization; or
• You have prior convictions.

The potential penalties can range anywhere from a discharge (i.e. a finding of guilt, but no criminal conviction), to a fine and/or probation, to a period of jail time.

For a standard resisting arrest conviction, you can expect:

• Up to two years in jail;
• Up to three years of probation;
• A fine of several thousand dollars; and
• A ban from owning or possessing any weapons or firearms for up to 10 years.

The potential sentences available to you will depend on a variety of factors, including the type and degree of resistance, your criminal history, and other applicable personal factors.

In addition to the immediate penalties resulting from a conviction for resisting arrest, it can have wide-ranging negative consequences on your future. You may have trouble finding employment, especially in roles that require working with children, the elderly, or other vulnerable sectors of society. The lifelong criminal record that results from a conviction can also cause problems with immigration and travel.

Therefore, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the potential penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences that stem from a resisting arrest conviction. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.

Defending Resisting Arrest Charges in Edmonton

What are the best defences to resisting arrest charges in Edmonton?

In resisting arrest cases, the defences that may be available to you depend on the facts of your case.

In general, the best defences are:

• Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, resisting arrest, or other basic elements of the offence. This could include:
  • No mental intent: A common defence available in resisting arrest cases is that you did not intend to resist the officer. A basic example would be if you unintentionally pulled away from the officer when they moved to arrest you.
  • “Mistake of Fact”: A conviction for resisting arrest must rest on the fact that you knew it was a peace or public officer that you were resisting. If the complainant was not in uniform or did not identify themselves as an officer, the requisite knowledge would be absent. For example, you could not be convicted of resisting arrest if you resisted the actions of an undercover officer who did not identify themselves.
  • Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
• Violation of constitutional rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.
• “Unlawful Arrest”: This defence may arise if an arrest is made unlawfully. If an officer is overstepping their authority or unreasonably acting beyond their scope of duty by making an unlawful or unreasonable arrest, you are not legally required to comply. For example, if an officer does not advise you of the reason for making an arrest, it is an unlawful arrest, and you would not be convicted for being uncooperative.

The Crown is required to prove that you not only resisted an officer engaged in a lawful arrest, but that you intended to resist them. While the Crown must prove beyond a reasonable doubt that you committed the offence, you may bear some responsibility in raising certain defences at trial.

The availability and strength of any defence depends entirely on the specific facts of your case. Our lawyers have significant experience assessing the availability and strengths of various potential defences in resisting arrest cases, as well as presenting any and all available defences to the Court at trial. Even if you believe that you will be found guilty, it is important that you obtain a legal opinion about defences that may be available to you.

What can a lawyer do to help me defend against resisting arrest charges in Edmonton?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause.

Some of these include:

• Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
• Gathering evidence from witnesses that support your version of events;
• Identifying mistakes in the actions of the police, such as Charter breaches.;
• Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
• Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.

What Next?

Most of the information above relates to simple resisting arrest cases, which still can be complex and fact-specific. Charges that involve a unique type of officer, an action that may not fit neatly under the definition of resisting, or resisting a land or goods seizure under section 129(c) can involve further complexities.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of criminal lawyers. We will conduct a thorough review of your situation and tailor a precise strategy that targets your successful defence.