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Charged with Obstruction of Justice

If you or someone you know has been charged with “Obstructing Justice” you should talk to a criminal defence lawyer. We have handled these type of charges, and have successfully defended them. You should know your rights, and know the consequences of this charge.

Criminal Code - Section 139: Obstructing Justice

Obstructing justice
139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,
(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or
(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,
is guilty of
(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(d) an offence punishable on summary conviction.
Idem
(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Idem
(3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

Criminal Code - Section 129: Obstruct Police or Peace Officer

129. Every one who

(a) resists or wilfully obstructs a police 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
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction

Criminal Code - Proof of the Offence

s. 139(1) – sureties

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. the accused either:
    1. “indemnif[ies] or agree[s] to indemnify a surety” in any way or
    2. “accept[s] or agree[s] to accept a fee or any form of indemnity” of a person released or to be released from custody
  5. the accused “wilfully attempts in any manner to obstruct, pervert or defeat the course of justice”
  6. the act is done in a “judicial proceeding”

s. 139(3) – obstructs, perverts or defeats

  1. identity of accused
  2. date and time of incident
  3. jurisdiction (incl. region and province)
  4. there was an ongoing proceeding
  5. the accused did any act other than acts contemplated by s. 139(1), that has the risk of obstructing, perverting or defeating the course of justice (e.g. directly giving false evidence, or indirectly by threats or bribe)
  6. the accused intentionally did the act
  7. the accused knew or was wilfully blind to the consequence of his act in creating the risk

We can help if you’ve been charged with “obstruct justice”

You do not want to have a criminal record. It can affect your life in many ways. It is our job to help you understand your rights. We want to help you and your case. We can help you navigate to the best outcome possible.

Our goal is to help you achieve one of two outcomes:

  1. Win the trial
  2. Reduction to a lesser charge

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