If you are facing obstructing a peace officer charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Obstructing a peace officer is purposefully getting in the way of a police officer or other peace officer while they are working. This is distinct from more serious allegations such as assaulting a peace officer.
This could mean trying to stop a police officer from doing their job, giving them a fake name, or warning others that the police are there.
In the Criminal Code, peace officers and public officers include:
- Toronto police officers
- RCMP
- Canadian Forces officers
- Customs officers
- Mayors
- Pilots
- Bailiffs
- Wardens, and more.
“Obstructing” means an active action that gets in the way of an officer doing their job. For example, providing a false name to an officer would be an active action while remaining silent may not be enough for a charge.
Duty means lawful duty, which usually involves an active investigation. For example, it would not be obstruction if an officer had no warrant to enter a property and you asked them to leave, refusing to answer questions.
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.
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 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 us today by calling (647) 986-8077.
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.
- 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.
How can an obstructing a peace officer lawyer in Toronto help?
It’s very important to get evidence when accused of these offences. Our lawyers will get video from police body cameras or security cameras to support your case.
We can talk to people who saw what happened and might have a different story than what the police say. During the criminal court process, our lawyers will handle requests for disclosure, changes to bail, and court appearances.
When and if it’s necessary to go to trial, we can cross examine police officers, question whether you really did get in the way of their work, and make legal arguments about the actions of the officer.
Obstructing a Peace Officer Charges in the Criminal Code of Canada
According to section 129 of the Criminal Code:
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.
Examples of Obstructing a Peace Officer Charges
In Toronto, these are some 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.
- A drunk man at a bar gets the in police’s way of investigating by yelling at them and telling everyone not to speak with them.
- Protesters at a rally intentionally jump on the back of police officers moving in to arrest other protestors in order to avoid their friend’s arrests.
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.
These charges are a hybrid offence so 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 a summary offence, the longest prison sentence is two years.
The Criminal Code of Canada outlines the maximum allowable punishment for obstructing a peace officer:
- 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 obstruction, your criminal history, and other applicable personal factors.
Obstructing a Peace Officer Charge Defences
You might be able to defend against charges of obstructing a peace officer in these ways:
- Unlawful Exercise of Duty: 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.
- Lack of Intent: 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, or mental health problems, this could be relevant.
- 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 respect these rights, it could help your defence.
Obstructing a Peace Officer Charge Investigation
An investigation of obstructing a peace officer charge in Toronto is typically initiated by the peace officer alleged to have been obstructed. Because peace officers and public officers are often vested with powers authorizing arrest, a charge can flow directly from the alleged obstruction and may rely solely on the statement of the officer.
Obstruction involves an interference with an officer performing a lawful duty, so 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.
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.
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. Another is staying away from the area where the alleged obstruction happened.
You may need to check in with your probation or bail officer on a regular basis. If the obstruction involved being rude or confrontational, you might be told to be polite and keep the peace.
If your obstruction charge has to do with drug offences 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 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.
