Canadian Criminal Law/Offences/Obstruction of a Peace Officer

Legislation The Criminal Codes states: 129. Every one who (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer, (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (e) an offence punishable on summary conviction. R.S., c. C-34, s. 118; 1972, c. 13, s. 7. CCC Proof of Offence In addition to the essential elements of identity, time and jurisdiction, the prosecution shall prove that:R. v. Quinones, 2012 BCCA 94 at 9 the complainant was a peace officer within the meaning of s. 2 the peace officer was engaged in lawful duty at all relevant timesR. v. Bowen-Courville 2007 CanLII 736 (ONSC) If the officer was undertaking an arrest, there were reasonable grounds to do so the accused knew that the complainant was a peace officer (e.g. could see the officer's uniform, utterance of officer) the accused obstructed the officer and the obstruction was wilful 2 Interpretation Obstruction In R v Soltys (1980) 56 CCC (2d) 43 at p 45, the BC Court of Appeal, cited Black's Law Dictionary, stated "obstruct" means "to impede; to interpose impediments to the hindrance or frustration of some act or service; such as to obstruct an officer in the execution of his duty". Cases R v Tidball 2012 SKPC 28 -- not guilty -- arresting for intoxication, arrest not valid Obstruction of a Peace Officer