If you are facing obstructing a peace officer charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

In Canada, it is against the law to purposely get in the way of a police officer or other peace officer while they are working. 

  • This could mean stopping an officer, lying to them, warning others that the police are there, not showing your ID when you need to, or getting in the way of an investigation.
  • Obstructing a peace officer is a hybrid crime, which means the Crown prosecutor can choose to treat it as a summary or indictable crime, depending on how bad the situation is.
  • If you are found guilty of a summary offence, you could have to pay a fine of up to $5,000, go to jail for up to two years, or both.
  • If you are found guilty of an indictable crime, you could go to jail for up to two years.

You also have a criminal record if you’re found guilty, which can make it harder to get a job, or travel to other countries.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of obstructing a peace officer beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • You are obstructing police or other peace officers if you get in their way on purpose while they are doing their jobs.
  • Lying, getting in the way, not showing ID when the law says you have to, or telling people the police are there are all forms of obstruction.
  • This is a hybrid crime, which means that the Crown can choose between a summary conviction and an indictment, depending on how bad the crime is.
  • The most you can get for this offence is two years in prison or a $5,000 fine.
  • Most of the time, bail conditions say that you can’t talk to any of the officers involved, you have to follow certain rules for your release, and sometimes you can’t go back to the places where the crime happened.
  • With the right legal help, you can definitely beat these charges, especially if the police went too far or if what you did doesn’t fit the legal definition of obstruction.
  • You could say that you didn’t mean to do it, that the officer wasn’t doing their job right, or that your Charter rights were violated during the interaction.

How Our Lawyers Help With an Obstructing a Peace Officer Charge

A Strategic Criminal Defence lawyer can have a big impact on how your case turns out. 

  • We can tell you if what you did is against the law before charges are filed.
  • We can help you avoid saying things that could hurt your case.
  • It’s very important to get evidence when accused of these offences. Our lawyers will get video from police body cameras or security cameras in the area that might show the whole thing.
  • We can talk to people who saw what happened and might have a different story than what the police say.
  • During the criminal justice process, our lawyers will handle requests for disclosure, changes to bail, and court appearances.
  • We ask police officers what they did during the trial, question whether you really did get in the way of their work, and make legal arguments about whether the officer was doing what they were supposed to do.

Examples of Obstructing a Peace Officer Charges

In Calgary, these are some real-life situations that could get you in trouble for obstructing a peace officer: 

  • When a police officer pulls over a woman for a traffic violation, she gives them a fake name and birth date when they ask for her ID. The officer asks for her ID, but she keeps lying because he doesn’t believe her. She is being charged with obstruction because she lied to the officer on purpose to keep him from finding out that her licence was suspended.
  • People call the cops because the party at the house is too loud. The police are trying to talk to the owner of the house, but a man keeps getting in the way. He screams over what the police say and tells everyone else at the party to ignore them. They’ve told him to move a lot, but he keeps getting in the way of their investigation. He is being charged with obstruction.
  • The police have a search warrant to look for proof of drug trafficking. A suspect won’t unlock his phone, even though a legal warrant says he has to. He also gives police the wrong passwords on purpose a few times so they can’t find any evidence. He is charged with obstruction because he did something on purpose that made it harder to carry out the warrant.

Consequences of an Obstructing a Peace Officer Charge

If you are accused of getting in the way of a peace officer, you could face serious consequences that will have a big impact on your future. 

  • In Canada, blocking a peace officer is a hybrid offence.
  • This means that the Crown prosecutor can either file an indictment (for more serious cases) or a summary conviction (for less serious cases).
  • If the Crown goes through with an indictment or a summary offence, the longest prison sentence is two years.
  • If you are found guilty, you might also have to pay a fine.
  • It can be hard to get into other countries, especially the US, which sometimes doesn’t let people with criminal records in.
  • Your insurance rates could go up, and your professional licences and certifications could be at risk.

Obstructing a Peace Officer Charge Defences

Being accused of Obstructing a Peace Officer can be scary, but there are a number of strong legal defences that could work for you. The Crown has to show that you purposely got in the way of a police officer who was doing their job legally.

You might be able to fight charges of obstructing a peace officer in these ways:

  • If the officer wasn’t following the law, you can’t be guilty of getting in their way. An officer may not have been doing their job legally if they searched you without a warrant or good reason, held you without reasonable suspicion, or used too much force, for example.
  • The Crown must show beyond a reasonable doubt that you meant to get in the way of the officer on purpose. If you didn’t understand what the police were saying because of language problems, hearing loss, mental health problems, or too much stress, you weren’t trying to get in their way. If you thought you were using your legal rights, like saying no to questions you don’t have to answer, this could also mean that you didn’t mean to get in the way.
  • You might still win your case even if you can prove that the police stopped your investigation if they broke your Charter rights. Some common violations are holding you without a good reason (section 9), searching and taking things without a good reason (section 8), not telling you why you were being held (section 10(a)), or not letting you have a lawyer (section 10(b)).

Obstructing a Peace Officer Charge Investigation

The officers who are investigating will first write down what happened during the interaction. 

  • This includes detailed notes about what the person said or did that made it hard for the police to do their jobs, whether they were warned before being arrested, and how the obstruction affected police work.
  • The police will get as much video evidence as they can, like body camera footage, dashboard camera footage, surveillance footage, and videos taken by people who were there. These pictures and videos are often the best proof of what really happened.
  • If the obstruction involved lying, investigators will look for proof that the information was false, like ID documents that show the person’s real name.

The main goal of the investigation is to show that the obstruction was planned and that the officer was doing their job legally at the time. These are both important parts of the crime.

Bail Conditions for Obstructing a Peace Officer Charges

If you are charged with getting in the way of a peace officer, you will probably be let out on bail with some rules you must follow until your court dates. 

  • One of the most common rules of bail is that you can’t talk to or get in touch with the officer or officers you are accused of obstructing. You can’t talk to them, send them a message, or get close to them in any way.
  • You might be told to stay away from the area where the alleged obstruction happened. For instance, if you were arrested after something happened at a certain business or intersection, your bail conditions might not let you go within a certain distance of that place.
  • You may need to check in with your probation or bail officer on a regular basis. This reporting requirement makes sure that you are following the rules of your bail and that you haven’t left the area.
  • If the obstruction involved being rude or confrontational, you might be told to be polite and keep the peace. You have to obey all the laws and not get into trouble.
  • If you change your address or phone number, you must go to all of your scheduled court dates and let the court know.
  • If your obstruction charge has to do with drugs or alcohol that made you act the way you did with the police, you might not be able to drink alcohol or take drugs that aren’t prescribed.

If you break any of these bail conditions, you are committing a crime known as breach of undertaking or recognizance. If this happens, you might lose your bail and have to stay in jail until your trial. It could also mean that you get more criminal charges, and each one would have its own punishment.

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

Frequently Asked Questions

In Canada, you can usually film police officers in public as long as you don’t get in their way. But how you record is important. If you stand too close to police officers or make it hard for them to move, or if you tell other people to resist police while you record, that could be obstruction.

If you are being held or arrested, driving a car and being asked for ID, or in some regulatory situations like a workplace inspection or crossing the border, you must give your name, address, and date of birth. You don’t usually have to tell people where you’re going, what you’re doing, or anything else. The main difference is that not giving information that is legally required can be seen as obstruction, but you have the right not to answer general investigative questions.

In Canada, getting in the way of a peace officer and resisting arrest are two separate crimes, even though they are related. Obstructing a peace officer is a more general term that covers any action that makes it harder for a police officer to do their job, such as lying to them, warning others about their presence, or getting in the way of investigations. If a police officer tries to arrest you or someone else, resisting arrest means using your body to fight back. You can still be obstructing even if you don’t fight back, like when you lie to the police or destroy evidence. Resisting arrest means fighting back physically while being taken into custody.