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Obstruction offences in Canada are governed primarily by section 129 of the Criminal Code of Canada. These charges arise when the Crown alleges that a person resisted, obstructed, or willfully interfered with a peace officer in the lawful execution of their duties.

Obstruction charges are often laid in fast-moving, emotionally charged situations, frequently alongside other offences. A conviction can result in:

• A permanent criminal record
• Jail time or probation
• Fines
• Additional restrictions on future police interactions
• Serious consequences for employment, licensing, and travel
  
  

Because obstruction is often alleged based on a police officer’s interpretation of events, early legal representation is critical.

What Counts as Obstruction?

Obstruction does not require violence or physical resistance. The offence focuses on whether the accused willfully interfered with a peace officer performing lawful duties.

The Crown must prove that:

• The peace officer was acting in the lawful execution of their duty
• The accused obstructed, resisted, or interfered with that officer
• The conduct was willful, not accidental or misunderstood
  
  

If the officer was not acting lawfully, the obstruction charge cannot stand.

Common Obstruction Allegations

Obstruction charges commonly arise from allegations such as:

• Refusing to comply with police directions
• Providing false or misleading information to police
• Interfering with an arrest or investigation
• Attempting to prevent police from accessing a location
• Acting in a way police characterize as delay or resistance
  
  

Many obstruction charges are laid after the fact, once an encounter has escalated.

Related Criminal Code Allegations

Obstruction is frequently charged alongside other offences, including:

• Resist arrest
• Assaulting a peace officer
• Mischief
• Uttering threats
• Breach of court orders
• Failure to comply with release conditions
  
  

These companion charges significantly increase legal exposure and complexity.

Penalties and Sentencing for Obstruction

Obstruction of a peace officer is a hybrid offence.

Potential penalties include:

• Up to 2 years less a day in jail (summary)
• Up to 2 years in prison (indictable)
• Fines
• Probation with behavioural conditions
  
  

Sentencing depends heavily on the context, including whether:

• There was physical resistance
• The conduct delayed or frustrated an investigation
• The accused has a prior record
• The obstruction occurred during a serious investigation
  
  

Life Consequences of an Obstruction Conviction

Even where no jail is imposed, an obstruction conviction can affect your:

• Employment, particularly in regulated or security-sensitive fields
• Professional licensing
• Immigration status for non-citizens
• Travel and border crossings
• Reputation with law enforcement and the courts
  
  

For many clients, the criminal record itself is the most damaging outcome.

Obstruction and the Courts

Obstruction cases often turn on:

• Police testimony
• Body-worn camera or in-car video
• Dispatch records
• Timing and sequencing of events
• The lawfulness of the underlying police conduct
  
  

Because these cases are often one-sided at first glance, close scrutiny of the evidence is essential.

Defending Obstruction Charges

Strong obstruction defences frequently focus on:

• Whether the officer was acting lawfully
• Whether the alleged interference was intentional
• Whether the conduct was misinterpreted or exaggerated
• Whether the accused was exercising a lawful right
• Charter violations involving:
  • Arbitrary detention
  • Unlawful searches
  • Right to counsel
  • Excessive police authority
    
    

At KJR, we defend obstruction charges by:

• Carefully reconstructing police encounters
• Analyzing body-camera and disclosure evidence
• Identifying unlawful police conduct early
• Litigating Charter breaches aggressively where appropriate
  
  

Many obstruction charges are resolved through withdrawals, reductions, or non-criminal outcomes.