View source for Obstruction of a Peace Officer (Sentencing Cases)

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{{OffencesBoxMini|Obstruction of a Peace Officer}}
==Offence Wording==
{{quotation3|
; Offences relating to public or peace officer
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
<br>
:(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.
|{{CCCSec2|129}}
|{{NoteUp|129}}
|{{Terms-
|"peace officer" (s. 2)
}}
}}
==Case Digests==
{{SCaseHeaderLong}}

{{SpanYear2|2024}}
{{SCaseLong|{{CanLIIR-S|Whitehorne|k2sqn|2024 CanLII 10076 (NL PC)}}{{perNLPC|Gorman J}} |{{NL}} | PC | | {{FindSummaries|k2sqn}} {{keywords|}} }}

{{SpanYear2|2023}}
{{SCaseLong|{{CanLIIR-S|Murphy|k1zf8|2023 NBPC 18 (CanLII)}}{{perNBPC|Brittain J}} | {{NB}} | {{PC}} | | {{FindSummaries|k1zf8}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Cyr|jzbmn|2023 SKKB 149 (CanLII)}}{{perSKKB|Elson J}} | {{SK}} | {{KB}} | | {{FindSummaries|jzbmn}} {{keywords|}} }}

{{SpanYear2|2022}}
{{SCaseLong|{{CanLIIR-S|Boone|jq297|2022 CanLII 57419 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} | {{PC}} | | {{FindSummaries|jq297}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Peddle|jnf52|2022 CanLII 23934 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} |PC| | "the accused was also charged with the offence of obstructing a peace officer, contrary to section 129(a) of the Criminal Code.  Mr. Peddle had gone to the police station to report as required by a release order.  A police officer informed Mr. Peddle that a warrant had been issued for his arrest.  Mr. Peddle ran out of the police station.  The accused pleaded guilty to obstructing a peace officer and a number of other offences." {{FindSummaries|jnf52}} {{keywords|}} }}

{{SpanYear2|2020}}

{{SCaseLong|{{CanLIIR-S|Burke|j9gzs|2020 CanLII 62547 (NL PC)}}{{PerNLPC|Porter J}} |{{NL}} | PC| | "the accused pleaded guilty to having committed a number of offences, including the offence of obstructing a peace officer, contrary to section 129(a) of the Criminal Code.  While prohibited from operating a motor vehicle, the police saw the accused driving a motor vehicle.  Before the police were able to arrest the accused, he changed seats with a passenger in the vehicle.  For this offence, Judge Porter imposed a period of thirty days of incarceration." {{FindSummaries|j9gzs}} {{keywords|}} }} }}

{{SCaseLong|{{CanLIIR-S|St. Hilaire|hzwj4|2019 ONSC 2076 (CanLII)}}{{perONSC| J}} | {{ON}} | {{SC}} | | {{FindSummaries|hzwj4}} {{keywords|}} }}


{{SCaseLong|{{CanLIIR-S|Farewell|j12ck|2019 CanLII 55252 (NL PC)}}{{perNLPC|Porter J}} | {{NL}} |PC| | "the accused was convicted of the offences of uttering a threat, causing a disturbance, assaulting a peace officer, resisting a peace officer and breach of undertaking. While being arrested, the accused resisted the arrest by “twisting away from the police officers as they tried to handcuff him.  As the officers were trying to handcuff the accused, he squeezed the handcuff closed on the hand of one of the police officers, causing a visible cut to her hand”.  Judge Porter imposed a period of ninety-one days of imprisonment.  This included a period of thirty days of imprisonment for the offence of resisting arrest." {{FindSummaries|j12ck}} {{keywords|}} }} 

{{SCaseLong|{{CanLIIR-S|Myles|j12cl|2019 CanLII 55274 (NL PC)}}{{perNLPC|Porter J}} | {{NL}} |PC| |{{FindSummaries|j12cl}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Tucker|j115d|2019 BCSC 961 (CanLII)}}{{perBCSC|Power J}} | {{BC}} | {{SC}} | | {{FindSummaries|j115d}} {{keywords|}} }}

{{SpanYear2|2018}}

{{SCaseLong|{{CanLIIR-S|Rubia|htjj1|2018 CanLII 76353 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} | PC| | "the accused pleaded guilty to having committed the offences of breach of undertaking (four counts), obstructing a peace officer, assaulting a peace officer acting in the execution of his or her duties, theft (seven counts), and break and entry into a dwelling-house.  I imposed a period of fifteen months of imprisonment, which included a period of one month of imprisonment for the obstructing of a peace officer offence." {{FindSummaries|htjj1}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Maradin|htmr3|2018 ABCA 274 (CanLII)}}{{perABCA| J}} | {{AB}} | {{CA}} | 60 days | {{FindSummaries|htmr3}} {{keywords|}} }}

{{SpanYear2|2016}}
{{SCaseLong|{{CanLIIR-S|Alsager|gsr8k|2016 SKCA 91 (CanLII)}}{{perSKCA|Richards CJ}} | {{SK}} | {{CA}} | | {{FindSummaries|gsr8k}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|WL(M)S|gvk82|2016 NLCA 63 (CanLII)}}{{perNLCA| JA}} | {{NL}} | {{CA}} | 30 days | {{FindSummaries|gvk82}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|King|gs47j|2016 CanLII 36312 (NL PC)}}{{perNLPC|Gorman J}}  | {{NL}} | {{PC}} | | {{FindSummaries|gs47j}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Healey|gmsvs|2016 CanLII 128 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} | PC | 1 month CSO (obstr)<Br> 5 month CSO (global)| "the accused was convicted of the offences of possession of a controlled substance for the purposes of trafficking, obstructing a peace officer, and failure to comply with a youth sentence, contrary to sections 5(2) of the Controlled Drugs and Substances Act, R.S.C. 1985, section 129(a) of the Criminal Code, and section 137 of the Youth Criminal Justice Act, S.C. 2002.  "{{FindSummaries|gmsvs}} {{keywords|}} }}

{{SpanYear2|2015}}

{{SCaseLong|{{CanLIIR-S|Hillier|gl1gl|2015 CanLII 56085 (NL PC)}}{{perNLPC|Porter J}} | {{NL}} | PC| | {{FindSummaries|gl1gl}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Safi|ghjgb|2015 CanLII 24462 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} | PC| | {{FindSummaries|ghjgb}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|De Niro|ghdb8|2015 CanLII 22036 (NL SC)}}{{perNLSC|Faour J}} | {{NL}} | SC| | {{FindSummaries|ghdb8}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Makpah|ghc8w|2015 NUCJ 12 (CanLII)}}{{perNUCJ| J}} | {{NU}} | {{CJ}} | | {{FindSummaries|ghc8w}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Stone|gmcn2|2015 CanLII 79401 (NL PC)}} | {{NL}} | PC| 30 days | {{FindSummaries|gmcn2}} {{keywords|resist arrest|cut and bruise}} }}

{{SpanYear2|2009}}
{{SCaseLong|{{CanLIIR-S|Saunders|2733x|2009 CanLII 70456 (NL PC)}}{{perNLPC|Porter J}} | {{NL}} | PC| |{{FindSummaries|2733x}} {{keywords|}} }}

{{SpanYear2|2008}}
{{SCaseLong|{{CanLIIR-S|Wal|21wkm|2008 ABQB 661 (CanLII)}}{{perABQB| J}} | {{AB}} | {{QB}} | | {{FindSummaries|21wkm}} {{keywords|}} }}

{{SpanYear2|2007}}
{{SCaseLong|{{CanLIIR-S|Van Delft|1tvgf|2007 ABPC 319 (CanLII)}}{{perABPC|Fradsham J}} | {{AB}} | {{PC}} | | {{FindSummaries|1tvgf}} {{keywords|}} }}

{{SpanYear2|2005}}
{{SCaseLong|{{CanLIIR-S|Henry|1ljv6|2005 BCPC 388 (CanLII)}}{{perBCPC|Watchuk J}} | {{BC}} | {{PC}} | | {{FindSummaries|1ljv6}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Greer|1tbnr|2005 ABCA 345 (CanLII)}}{{perABCA| J}} | {{AB}} | {{CA}} | | {{FindSummaries|1tbnr}} {{keywords|}} }}

{{SpanYear2|2001}}
{{SCaseLong|{{CanLIIR-S|Sneve|4zd8|2001 BCCA 366 (CanLII)}}{{perBCCA|Ryan JA}} | {{BC}} | {{CA}} | 12 months | 
"The accused was arrested as he ran away from the scene of a break-in at a liquor store.  He gave the police his brother’s name and date of birth, and was fingerprinted and released on a promise to appear under that name.  Approximately 22 days later, the accused was again arrested with two accomplices in relation to an attempted theft from a hardware store.  He again identified himself using his brother’s name. ...In relation to the liquor store break-in, the accused appeared in Provincial Court and pleaded guilty to offences of mischief and theft.  He also entered a plea of guilty to the hardware store offence.  All of this was done by the accused using his brother’s name.  He was sentenced to three months imprisonment and one year of probation based on the brother’s “fairly minor” record. ...Subsequently, the police determined that the fingerprints of the accused did not match the known fingerprints of the brother, and the accused was arrested for obstruction of justice.  By that time, the accused had been released from gaol and was reporting to probation under his brother’s name....The accused pleaded guilty, under his own name, to the obstruction of justice charge and was sentenced to 18 months imprisonment in addition to the seven and one-half months the accused spent in pre-sentence custody." {{FindSummaries|4zd8}} {{keywords|}} }}

{{SpanYear2|2000}}
{{SCaseLong|{{CanLIIRP-S|Guess|1fnfj|2000 BCCA 602 (CanLII)|150 CCC (3d) 573}}{{perBCCA|Low JA}}|{{BC}}|CA | {{JailM|18}} | {{FindSummaries|1fnfj}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Born With A Tooth|2bqwc|1994 CanLII 9151 (AB QB)}}{{perABQB|O'Leary J}} | {{AB}} |SC | | {{FindSummaries|2bqwc}} {{keywords|}} }}


{{SCaseLong|{{CanLIIR-S|Konkolus|2dm94|1988 ABCA 127 (CanLII)}}{{TheCourtABCA}} | {{AB}} | {{CA}} | 18 months | {{FindSummaries|2dm94}} {{keywords|MV collision|false name}} }}


{{SpanYear2|1985}}
{{SCaseLong|{{CanLIIR-SN|Watkins|, [1985] NSJ No 277}}| {{NS}} | | {{JailM|12}} | making false statement, causing investigation   {{keywords|}} }}

{{SCaseEnd}}