Intimidation of a Justice System Participant

What is Intimidation of a Justice System Participant

Definition: Section 423.1 of the Criminal Code of Canada makes it an offence to intimidate a justice system participant or someone close to them in order to interfere with the administration of justice.

Important Points:

  • This applies to a wide range of people: judges, lawyers, witnesses, jurors, victims, and their family members.
  • “Intimidation” includes threats, violence, or any sort of action that induces fear and threatens the integrity of the justice process.
  • Intent is key: You have to know the person is involved in the justice system and be seeking to obstruct justice with your actions.

Common Evidence:

  • Witness statements describing any threats or intimidation attempts.
  • Recordings (voicemails, online messages, etc.) of any threats you communicated.
  • Reports of damage to property connected to the justice system participant.
  • Witness testimony establishing who knew what, and the impact of the intimidation.

Penalties for Intimidation of a Justice System Participant

This is always an indictable offence with potentially harsh consequences.

  • Maximum Penalty: Up to 14 years in prison.

How We Can Help

Securing Your Release: An arrest for intimidation often involves a bail hearing, especially when the alleged target of the intimidation is vulnerable. We’ll present the strongest possible case for your release with reasonable conditions to protect the administration of justice.

Fighting the Charges: Every case turns on the specific facts. We’ll look closely to build a strong defence:

  • You didn’t make the threats, or it’s a mistaken identity.
  • Your actions were misunderstood and didn’t amount to intimidating in the circumstances.
  • Lack of intent to interfere with the administration of justice.
  • The evidence against you is weak or unreliable, and/or your rights were violated during its collection.

Frequently Asked Questions

Intent matters, but courts may view the potential for fear in the victim or witness as the key factor, not whether you were ‘bluffing’.

No. The act of trying to interfere with the justice system is the crime.

Absolutely. Digital communication methods are often at the heart of these prosecutions.

Let's Talk About Your Case

Intimidation of a justice system participant charges are incredibly serious. They directly challenge the integrity of the justice system, and courts treat them accordingly. Do not risk your future. Contact us as soon as possible for a free case review to discuss your situation and potential defences.

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