Obstructing
Police Charges in
Toronto, Ontario.
This article
reviews legal
information about obstructing police charges in Toronto,
Ontario. Those looking for
advice on this, or any criminal charge, should
consult a
criminal lawyer.
Obstructing Police
It is a crime in Canada to resist or intentionally obstruct a police officer in
the lawful execution of his duty.
What is the definition of “obstruction”?
The definition of "obstruction" that has generally been applied by the court
occurs when a person makes it more difficult for the police to carry out their
duties. It is generally not an offence to argue that the police were eventually
able to carry out their duties despite the attempt to obstruct them from doing
so.
What does the Crown Attorney need to prove to show a person obstructed the
police?
Generally, the Crown must first prove that there was an obstructing of a police
officer. They must also prove that the police officer was acting pursuant to a
lawful purpose. Next the Crown must prove that the obstructing affected the
officer in the execution of a duty that he was then executing, and lastly they
must prove that the person who obstructed the officer did so intentionally.
Someone who unintentionally obstructs a police officer by accidentally (as
opposed to intentionally) providing the officer with false information would not
be guilty of this offence.
Would giving a false name or identification to the police amount to an
obstruction?
It depends on the circumstances of the case. Where the police are entitled to
request a person’s name, it is incumbent on that person to provide a truthful
answer to the question. A false answer may constitute an obstruction. However,
in some cases, the police officer had no right to request a person’s
identification. In those circumstances, it can be argued that they were not “in
the lawful execution of their duty” as required by section 129 of the Criminal
Code. Whether the officer was in the lawful execution of their duty is
ultimately a question for the judge to decide at an accused person’s trial.
Would refusing to give my identification to the police amount to an obstruction?
Once again, context is important. If a person is under a legal obligation to
provide identification (such as to allow the officer to issue a valid ticket for
speeding etc.) the failure to provide identification may amount to an
obstruction of the police officer. However, if an officer simply demanded
identification without lawful authority to do so, it would not meet the
definition of an obstruction.
What is the punishment for obstructing a police officer?
It is difficult to guess at the type of punishment a person could receive for
obstructing a police officer. In some cases, a person may be given a criminal
record, placed on probation or given a fine. In more serious cases, or where the
person has related criminal history, the punishment could amount to jail time.
If you or someone you know has been charged with obstructing a police officer,
you should immediately contact a criminal lawyer to determine your best defence
to this type of criminal charge. I can be reached for a
free consultation at 416.297.7200.
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