Obstruction or Resisting a Public Officer
Obstruction or Resisting a Public Officer
Resisting a police officer who is lawfully arresting you is an offence. If weapons are used, you will likely be also charged with Assaulting a Police Officer.
Lying to police about names or addresses can cause you to be charged with Obstruct Police. Other false information provided in an attempt to deceive will be treated similarly. Note: police can lie to you. Be wary. Canadian citizens have a right to silence. It is often a good policy to use this with the police.
If police are lawfully performing their duty and they instruct you to assist, you are required to do so. If the police tell you to get out of the way, you are required to do so. If you are recording an incident you may continue to record so long as you are not in the way. Police do not have a right to your phone. Remember the police can lie to you. Know your rights.
The definition of a “police officer” can extend beyond actual police to a variety of figures in public authority such as mayors, sheriffs, judges, correctional officers, immigration officers, customs officers, fisheries officers, MNR officers, pilots in charge of aircrafts, and members of the Canadian Armed Forces all depending on the circumstances. Most commonly are police officers and security guards.
At East Law we are fighters by nature and don’t like to see anyone get pushed around in life or their rights stepped on. We especially don’t like it when people get pushed around by the system. We are here to help our clients out and to get them a fair shake at the justice system.
A free consultation with me is the best way to start. We will sit down and review your file. We will talk about the courses of action we can take, the likely outcomes, and of course – the best path forward.
ABOUT JOHN EAST
B.A. (Hons), M.A., J.D.
John East lives for a fight. He is not afraid to throw a punch and is certainly not afraid to take a punch. He then became a Criminal Defence Lawyer. Having spent many years working on a farm, John East understands that hard work is what wins out at the end of the day. He applies this motto to every case that he defends, no matter what.
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