If you are facing intimidation of a justice system participant charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Intimidation of a justice system participant is when you use violence, threats, or other criminal means to intimidate a justice system participant to stop them from doing their job.
“Justice system participants” can include:
- Members of any branch of government;
- Anyone who plays a role in the administration of criminal justice, such as
- Ministers,
- Lawyers,
- Judges and Justices,
- Members or potential members of a jury,
- Confidential informants,
- Witnesses,
- Peace officers or any members of a police force, and
- Anyone employed in court administration.
There are many different ways of committing this offence. For example, causing:
- Members of the general public to be afraid with the intention of impeding the administration of criminal justice,
- A participant in the justice system fear, in order to make the performance of their duties more difficult, or
- A journalist to be afraid, in order to prevent them from distributing information to the public about a criminal organization.
Intimidation of a justice system participant is an indictable offence only, meaning it’s treated as a serious crime with no option for the Crown to proceed by summary conviction. It carries a maximum penalty of 14 years in prison. Learn more about criminal sentencing in Toronto.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, 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 intimidation of a justice system participant 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 Toronto Intimidation of a justice system participant lawyer today by calling (647) 986-8077.
Key Takeaways
- Intimidation of a justice system participant is when someone uses violence, threats, or other criminal acts to intimidate people who work in or help the justice system.
- Judges, lawyers, police officers, jurors, witnesses, journalists, and other people who work in the justice system are all protected under this law.
- The longest possible prison sentence for this offence is 14 years.
- Most of the time, the rules for bail are very strict. You will not be able to talk to the victim, go to court when not required to. You may also not
- A strong defence could say that the person didn’t mean to scare anyone, that they were confused with someone else, or that their Charter rights were breached during the investigation.
How can an Intimidation of a Justice System Participant lawyer in Toronto help?
We can help you with legal advice even if you haven’t been charged yet. This will help you decide if what you did really counts as intimidation under the law or if it might be protected as free speech. It’s very important to collect evidence in these kinds of situations. Our lawyers can get copies of conversations, security footage, or witness statements that might show that what you did was possibly not intimidation, or maybe taken out of context.
It’s hard to understand these cases and their serious consequences. Our lawyers will handle the law for you. We might even be able to reach an agreement or advise you on your election and plea that protects your rights without you having to go to trial. You can also book a free consultation.
Intimidation of a Justice System Participant Charges in the Criminal Code of Canada
According to section 423.1 of the Criminal Code:
Intimidation of a justice system participant or a journalist
423.1 (1) No person shall, without lawful authority, engage in any conduct 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 or military 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.
Examples of Intimidation of a Justice System Participant Charges
Here are some real-life situations in Toronto that could lead to Intimidation of a Justice System Participant charges:
- Sending threatening texts to a woman who had been asked to testify in a sex assault trial, threatening her if she testifies.
- Yelling at a police officer’s home in an attempt to intimidate them out of continuing an investigation.
- Following a prosecutor to her car after hours to yell at her about an outcome of a case and threatening her.
Consequences of an Intimidation of a Justice System Participant Charge
If someone says you threatened a worker in the justice system, you could receive serious criminal charges. The maximum length you could go to jail is up to 14 years.
A conviction also leaves a permanent criminal record, which can make it harder to get a job, especially in jobs that need a lot of security clearance. People who are found guilty may be restricted from travelling, especially to the United States, which often doesn’t let people with criminal records in.
It could also affect professional licences, and non-citizens might have to deal with immigration issues, like being sent back to their home country.
Due to these potential consequences, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the possible penalties with the assistance of a trusted Strategic Criminal Defence lawyer.
Intimidation of a Justice System Participant Charge Defences
If someone says you threatened someone who works in the justice system, you could face serious consequences that could change your life forever.
There are, however, a number of legal defences that could apply to you:
- Factual innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, intimidating a justice system participant, or other basic elements 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.
- No intent to promote a state of fear: The Crown must prove that you intended to promote a state of fear within the alleged victim. Without this intent, you are lacking the requisite mental element of the offence, which will make it challenging to convict you.
Intimidation of a Justice System Participant Charge Investigation
This offence is taken extremely seriously by the police, and by the Crown. An investigation of an allegation of intimidation of a justice system participant or journalist in Toronto is typically initiated by a complaint from an alleged victim of intimidation, or a witness. The police will attend the scene and request written statements, then will launch an investigation.
The investigation 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. Police may then decide to charge you immediately, or they may transport you for further questioning and processing through the criminal court process, before deciding whether or not to lay charges. You will likely be given the opportunity to speak to a lawyer before being questioned and you should exercise your right to obtain this legal advice.
Bail Conditions for Intimidation of a Justice System Participant Charges
If you are accused of threatening someone who works in the Canadian justice system, you will likely have to follow very strict bail conditions while you wait for your trial.
The most important condition of your bail will be that you can’t talk to the person you are accused of threatening. The no-contact order usually also applies to the participant’s close friends and family. You will almost certainly be told to stay away from places where the person in the justice system lives, works, or goes a lot. This could include some police stations, courthouses, law offices, or government buildings. You will usually have to check in with a police station or bail supervisor on a regular basis.
The court might also tell you to give up your passport so you can’t leave the country. They might also set a curfew that says you have to be home during certain hours, usually from evening to morning. If you break any of these bail conditions, you will be charged with a new crime and your bail will be revoked. You would then have to stay in custody until your trial is over.
