Obstructing a Peace Officer (Section 129 of the Criminal Code)

Charges of obstructing a peace officer are increasingly common: filmed interventions, arrests on the street, gatherings, and traffic stops that escalate. A gesture made in the heat of the moment can lead to a criminal charge and a criminal record.

What section 129 of the Criminal Code provides

A person commits an offence who:

resists a police officer or a public officer who is acting in the execution of their duty, or wilfully obstructs them;
omits, without reasonable excuse, to assist them when requested to do so;
resists or wilfully obstructs the lawful execution of a process, such as a seizure.

Concrete examples

Physically stepping in during the arrest of a friend or loved one;
Blocking, pushing or holding back a police officer to prevent them from acting;
Helping a person flee or hide from police officers;
Giving a false name or false identity when the law requires you to identify yourself, for example as a driver;
Making disappear an object or evidence that police officers are looking for.

What is not obstruction

Filming a police intervention is permitted, as long as you do not interfere with the officers’ work. Generally speaking, refusing to answer police officers’ questions is exercising your right to silence, not obstructing them.

Possible penalties

Obstruction can be prosecuted by summary conviction or by indictment. The maximum penalty can be up to 2 years of imprisonment. If force was used against the police officer, a more serious charge of assaulting a peace officer may be added.

Defences

The prosecution must prove that the police officer was acting lawfully in the execution of their duties and that you acted wilfully to obstruct them. An unlawful arrest, a lack of intent or contradictory evidence (videos, witnesses) can lead to an acquittal. Since there is no minimum sentence, a discharge may also be considered depending on the circumstances, which avoids a criminal record.

Also read: Assault: Simple, with a Weapon and Aggravated and Avoiding a Criminal Record Through a Discharge

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Obstructing a Peace Officer (Section 129 of the Criminal Code)