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Obstructing a Peace Officer is a serious criminal offence that deals with the hindrance or frustration of a peace officer’s lawful duties. Section 129 particularizes the three different kinds of conduct that constitute the offence. Obstructing a Peace Officer is a hybrid offence what means the crown attorney can proceed summarily or by indictment (more serious). The offence has a wide range of potential sentences but can result in incarceration upon conviction if the accused has a lengthy criminal record.
The crown attorney must prove that the complainant was in fact a peace officer, that the officer was engaged in his/her lawful duties at the time, the accused knew the complainant was a peace officer (police uniform) and that the accused wilfully obstructed the officer. Lying to the police or providing a false name may constitute Obstructing a Peace Officer if the complainant was in the lawful execution of his/her duties. If an officer makes an unlawful arrest, or is acting in a manner which infringes your Charter rights, you may have a defence to this charge.