Assaulting a Peace Officer is a particularly serious criminal offence as it most commonly involves violence against a public official or a public servant. Click here for an introduction to the common offence of Assault which is outlined in section 266 of the Criminal Code of Canada. Michael P. Juskey is an Assault Peace Officer Lawyer that will protect your rights and fight to ensure the best possible outcome in your case. There is no substitute to having an experienced criminal lawyer on your side when facing serious criminal charges such as Assault Peace Officer.
Section 270 of the Criminal Code outlines the basic offence of Assaulting a Peace Officer. Section 270.01 contains the more serious offence of Assaulting Peace Officer with a Weapon or Causing Bodily Harm. Lastly, section 270.02 of the Criminal Code sets out the crime of Aggravated Assault of Peace Officer. This is by far the most serious of the three as the injuries are very severe and include maiming, wounding or disfiguring a Peace Officer.
What is a Peace Officer?
What is Assaulting a Peace Officer?
What is the Punishment for Assaulting a Peace Officer?
Are the any Defences to this charge?
How Will a Criminal Record Affect me?
What is a Peace Officer?
The Criminal Code of Canada defines a “peace officer” as:
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(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,
(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
(d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,
(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,
(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who are
(i) appointed for the purposes of section 156 of the National Defence Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;
What is Assaulting a Peace Officer?
The Criminal Code of Canada states:
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Essentially this offence covers a range of criminal behaviours. Subsection (a) makes it an offence to assault a peace officer (or public officer) who is engaged in the execution of his/her duty. The crown attorney must prove beyond a reasonable doubt that the defendant assaulted a peace officer, the defendant knew the victim was a peace officer and that said peace officer was acting in the lawful execution of his/her duties.
Subsection (b) makes it a crime to assault any person who has or who is attempting to arrest them. This charge is commonly laid when an individual is physically resisting their arrest. An arrest can be made by a peace officer or a private citizen.
Subsection (c) criminalizes the assault of any person who is lawfully executing a legal process against property. This provision essentially protects individuals who are engaged in the enforcement of civil law matters.
What is the Punishment for Assaulting a Peace Officer?
Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction (maximum $5,000 fine and/or 6 months in jail).
Michael offers professional guidance and strong legal representation for Assaulting a Peace Officer cases:
