Obstruction of Justice Charges
Obstruction charges are frequently laid alongside other criminal charges and can significantly affect your ability to secure bail. Our Calgary criminal defence lawyers defend these charges and understand exactly how they interact with the broader case against you.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Obstruction of justice charges catch people off guard. Someone panics during a police encounter and gives a false name. A person tries to pull away during an arrest. Someone runs. In the moment it feels instinctive. In the eyes of the Criminal Code it is a separate criminal offence that gets added to whatever other charges are coming.
What makes obstruction particularly serious is what it signals to a court at bail. An obstruction allegation tells a judge that the accused was uncooperative with authorities. That is exactly the kind of allegation that undermines a bail plan and gives the Crown grounds to argue against community release. If you are dealing with an obstruction charge alongside other charges, that interaction needs to be managed carefully from the first court appearance.
Call (587) 355-8889 for a free consultation. Available 24 hours a day.
What Obstruction of Justice Means Under the Criminal Code
Section 129 of the Criminal Code makes it an offence to wilfully obstruct, resist, or prevent a public officer or peace officer from performing their duties. Section 139 covers the broader offence of obstructing justice, which applies to conduct that attempts to obstruct, pervert, or defeat the course of justice. In practice, obstruction charges in Calgary most commonly arise from the following circumstances:
Providing a False Name or False Identification
Giving police a false name or presenting false identification documents when lawfully required to identify yourself is one of the most frequently charged forms of obstruction. It is often charged in situations where the accused was also found to be in possession of something they should not have, or had an outstanding warrant they were trying to conceal.
Resisting Arrest
Physically resisting a lawful arrest, pulling away from an officer, or refusing to comply with a lawful detention is obstruction under the Criminal Code. The key word is lawful. If the arrest or detention itself was not lawful, the right to resist it is a live legal question with significant Charter dimensions.
Fleeing from Police
Running from police during a lawful arrest or detention gives rise to an obstruction charge. Fleeing in a vehicle is a separate and more serious offence under the Criminal Code's flight from police provisions, which carry their own significant consequences.
Interfering with a Police Investigation
Providing false information during a police investigation, destroying or concealing evidence, or attempting to dissuade witnesses from cooperating with police are all forms of obstruction that attract serious criminal consequences.
Obstruction Laid Alongside Other Charges
The most common scenario our office sees is obstruction charged as a companion offence to the underlying matter that triggered the police interaction. Drug possession, outstanding warrants, and domestic calls are the situations where obstruction charges most frequently get added to the file. Defending all of the charges together, with a coordinated strategy, is essential.
How Obstruction Charges Affect Bail
This is the aspect of obstruction charges that most people do not fully appreciate until they are at a bail hearing.
Bail courts assess three grounds for detention: primary ground, which is the likelihood the accused will attend court; secondary ground, which is the likelihood of reoffending; and tertiary ground, which is whether detention is necessary to maintain confidence in the administration of justice.
An obstruction allegation speaks directly to all three. A person who fled from police or provided false identification is a person the Crown will argue is a flight risk. A person who resisted arrest is a person the Crown will argue poses a risk of further non-compliance. And a person charged with interfering in an investigation is a person the Crown will argue should not be trusted to comply with community supervision conditions.
We address these arguments directly in every bail application involving obstruction charges. The bail plan needs to anticipate and respond to all three grounds, not just the primary charge. Letting the obstruction allegation sit unaddressed at a bail hearing is one of the most common mistakes people make in these situations.
Was the Arrest or Detention Actually Lawful?
This question sits at the foundation of every obstruction defence and it is the first thing we examine in every file.
If the police detention or arrest that the accused allegedly obstructed was not itself lawful, the legal picture changes significantly. A person cannot be convicted of obstructing a police officer who was not performing their duties lawfully. If the initial stop, search, or detention was a Charter violation, that violation can undermine the obstruction charge that flows from it.
We examine how the police interaction began, what grounds the officers had for the stop or arrest, and whether everything that followed was lawfully conducted. In cases where the police conduct was itself unlawful, the obstruction charge becomes a very different matter to defend.
The Consequences of an Obstruction Conviction
An obstruction conviction under section 129 carries a maximum sentence of two years imprisonment. Under section 139, the broader obstruction of justice provision, the maximum is ten years on indictment.
Beyond the sentence, a conviction affects your criminal record in the same way any other conviction does. It appears on background checks, affects cross-border travel, and in some circumstances affects professional licensing.
For clients facing obstruction alongside more serious charges, how the obstruction matter resolves is often linked to how the broader case resolves. Managing all of it together, with a strategy that accounts for the interaction between the charges, is the approach our team takes from the first consultation.
A defence built in four steps.
We Listen
You tell us exactly what happened during the police interaction, what you did, what the officers said and did, and what other charges have been laid alongside the obstruction allegation. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess whether the arrest or detention was lawful, where Charter issues arise, how the obstruction charge is likely to affect your bail application, and what the interaction is between the obstruction matter and any companion charges on your file.
We Explain Your Options
We tell you how the obstruction charge fits into the broader case against you, what defences apply, and what the most effective overall strategy looks like across all of your charges. No vague reassurances.
We Take Action
We address the obstruction allegation directly in your bail application, pursue Charter arguments where the lawfulness of the police conduct is in question, and build a coordinated defence strategy that accounts for every charge on your file.
Frequently Asked Questions
What is obstruction of justice in Canada?+
Obstruction of justice under the Criminal Code covers a range of conduct that interferes with law enforcement or the administration of justice. The most common forms charged in Calgary are providing a false name to police, resisting a lawful arrest, fleeing from police, and interfering with a police investigation. Obstruction is frequently charged alongside other offences arising from the same incident and requires a defence strategy that addresses all of the charges together.
Can I be charged with obstruction if I just gave police a fake name?+
Yes. Providing false identification or a false name when lawfully required to identify yourself is a form of obstruction under the Criminal Code. This charge is commonly laid when someone was trying to conceal an outstanding warrant or possession of something illegal. The charge is separate from and in addition to whatever other offence triggered the police contact.
What if the police did not have the right to stop or arrest me?+
Whether the arrest or detention was lawful is one of the first questions we examine in every obstruction file. If police did not have lawful grounds for the stop, search, or arrest that the accused allegedly obstructed, that unlawful conduct is a Charter violation that can undermine the obstruction charge and any evidence obtained as a result of the interaction. A person cannot be convicted of obstructing an officer who was not lawfully performing their duties.
How does an obstruction charge affect my bail hearing?+
Significantly. An obstruction allegation tells the court the accused was non-compliant with police authority during the incident itself. The Crown uses this to argue that the accused is a flight risk, unlikely to comply with bail conditions, and that detention may be necessary to maintain confidence in the justice system. A bail plan in a case involving obstruction needs to address all three grounds for detention directly, not just the primary charge. This is one of the most important reasons to retain an experienced bail lawyer immediately after an obstruction charge is laid.
What sentence can I receive for obstruction of justice?+
Under section 129 of the Criminal Code, the maximum sentence is two years imprisonment. Under section 139, the broader obstruction of justice provision, the maximum is ten years on indictment. Where obstruction is charged alongside other offences and all matters are resolved together, the actual consequences depend on the full picture of the file and the strength of the defence across all charges. In many first offence situations, jail is not the inevitable outcome even where the obstruction allegation is straightforward.
Related Practice Areas
Obstruction charges almost always arise alongside other criminal matters. Understanding how they interact with bail hearings, drug charges, and assault allegations is essential to defending all of them effectively.
Bail Hearings Calgary
Obstruction allegations speak directly to every ground for detention. We build bail plans that address them head-on.
READ THE DEFENCE GUIDEDrug Offences Calgary
Obstruction is frequently added when the underlying investigation involves alleged drug possession or trafficking.
READ THE DEFENCE GUIDEAssault Offences Calgary
Resisting arrest and assault peace officer charges commonly appear alongside obstruction in the same file.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on Charter litigation and coordinated multi-charge strategy.
READ THE DEFENCE GUIDECharged With Obstruction in Calgary?
An obstruction charge that gets left unaddressed can undermine your entire bail application and complicate every other charge on your file. Deal with it immediately.
Call (587) 355-8889. Free consultation. Available 24 hours a day.