Definition: Section 139 of the Criminal Code of Canada defines obstruction as wilfully interfering with a police officer or other public official in the execution of their duty. It also covers omitting to do anything that is required by law in order to aid them.
Important Points:
Common Evidence:
Obstruction is a hybrid offence, meaning the Crown decides how to proceed:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often when the obstruction caused significant delay or danger in the officer’s duties.
Securing Your Release: An arrest for obstructing a police officer can result in immediate release with a court date, or might require a bail hearing. We’ll fight to get you released on reasonable conditions.
Fighting the Charges: Every obstruction case turns on the specific facts. We’ll look closely to build a strong defence:
Generally not, but if your filming directly impedes them from doing their job, it could be seen as obstruction.
Yes, giving police false information to obstruct their investigation can be charged under this section.
Resisting arrest usually involves a degree of physical force or actively fleeing. Obstruction can be broader, both physical and verbal.
Obstructing a police officer charges are common but are complex depending on the circumstances. It’s crucial to seek legal advice to understand both the charges and your potential defences. Contact us as soon as possible for a free case review.
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