It’s illegal in Canada to resist, assault or intentionally obstruct a police officer in the execution of their work.
While police have different investigative powers, depending on whether they’ve detained or arrested you, your rights as an accused are enshrined in the Canadian Charter of Rights and Freedoms. If police try to arrest you on grounds of criminal involvement and you oppose them, you could be charged with obstructing them or assaulting with an intention to resist arrest.
This post answers some of the most frequently asked questions surrounding police obstruction charges in Toronto. For those seeking legal advice on these or any other criminal charge, consult an experienced criminal defence lawyer.
Resisting Arrest in Toronto – Frequently Asked Questions Answered
The charge of resisting or obstructing a police officer covers a wide range of aspects. Here are some FAQs regarding this crime, answered.
What does “obstructing a police officer” mean?
Obstructing a police officer occurs when a person hinders or makes it more difficult for them to perform their duties. In fact, it is a criminal offence to do so. Section 129 of the Criminal Code of Canada sets out the actions deemed offensive or obstructive in the eyes of the law.
What does the Crown Attorney need to do to prove someone guilty of obstructing police?
In order to secure a conviction, the Crown must provide evidence on a few issues.
- Firstly, the defendant intentionally resisted or acted in such a way as to hinder the legal duties of a law enforcement officer.
- Secondly, the police officer in charge was acting within the scope of their duties; for example arresting a suspect, investigating a crime or making a traffic stop.
- Thirdly, the defendant charged with obstructing police did so intentionally. Any unintentional resistance to police action (e.g. mistakenly providing incorrect information) would not prove the defendant guilty of the offence for which they’ve been charged.
Could withholding my identity from a law enforcement officer result in obstruction charges?
This depends on the specific circumstances of the case. If police are permitted to ask for a person’s name, they are legally entitled to receive a truthful answer. Any case of intentional misinformation can amount to obstruction.
Police can conduct street checks when gathering general information, looking into suspicious activity or investigating general criminal activities in the community. However, there are cases where police cannot request a person’s identification. For example, they cannot base their investigations on race, gender or arbitrary reasons. In such circumstances, it can be contested that the police were not “in the lawful execution of their duty,” as outlined in section 129 of the Criminal Code. It is for the judge to decide (during a case trial) if it was legal for the police to ask for identity information.
What are the legal consequences of obstructing police?
These depend on the severity of the crime and its factual circumstances. In some cases, if found guilty, you may receive a large fine, be placed on probation or given a criminal record. In more serious circumstances, or if you have a previous criminal record, you could receive up to two years of jail time.
What are the bail conditions?
When you’re charged with an offence against an individual responsible for law enforcement or justice administration, the judge may not want to release you while your case is still before the court. They may be doubtful that you will come to court when required or comply with certain conditions in the bail undertaking.
A skilled criminal defence lawyer is best able to evaluate factors that might work in your favour and convince the judge to grant you bail.
Defending Obstruction of Police Charges
A criminal defence lawyer generally starts with a detailed assessment of the evidence against you, including the testimonies of those who witnessed the offence. Next, they’ll analyze the defences (if any) to the charge and determine how strong or weak the prosecution’s case is. Their analysis may focus on one or more of these circumstances.
- Were the police acting within the scope of their duties when you committed the alleged crime?
- Was your resistance intentional, accidental or an act of reflex?
- Did the police behave violently during your arrest?
- Was the person you resisted a public or peace officer as defined by the Criminal Code?
If you or someone you know has been charged with obstructing police in Toronto, consult an experienced criminal defence lawyer to determine your best defence strategy. At Saini Law, we are skilled at handling police obstruction charges to minimize the impact on your life.