Obstruct Police

Obstructing Police Charges in Toronto, Ontario.

This article reviews legal information about obstructing police charges in Toronto, Ontario. Those looking for advice on this, or any criminal charge, should consult a criminal lawyer.

Obstructing Police

It is a crime in Canada to resist or intentionally obstruct a police officer in the lawful execution of his duty.

What is the definition of “obstruction”?
The definition of "obstruction" that has generally been applied by the court occurs when a person makes it more difficult for the police to carry out their duties. It is generally not an offence to argue that the police were eventually able to carry out their duties despite the attempt to obstruct them from doing so.

What does the Crown Attorney need to prove to show a person obstructed the police?
Generally, the Crown must first prove that there was an obstructing of a police officer. They must also prove that the police officer was acting pursuant to a lawful purpose. Next the Crown must prove that the obstructing affected the officer in the execution of a duty that he was then executing, and lastly they must prove that the person who obstructed the officer did so intentionally.

Someone who unintentionally obstructs a police officer by accidentally (as opposed to intentionally) providing the officer with false information would not be guilty of this offence.

Would giving a false name or identification to the police amount to an obstruction?
It depends on the circumstances of the case. Where the police are entitled to request a person’s name, it is incumbent on that person to provide a truthful answer to the question. A false answer may constitute an obstruction. However, in some cases, the police officer had no right to request a person’s identification. In those circumstances, it can be argued that they were not “in the lawful execution of their duty” as required by section 129 of the Criminal Code. Whether the officer was in the lawful execution of their duty is ultimately a question for the judge to decide at an accused person’s trial.

Would refusing to give my identification to the police amount to an obstruction?
Once again, context is important. If a person is under a legal obligation to provide identification (such as to allow the officer to issue a valid ticket for speeding etc.) the failure to provide identification may amount to an obstruction of the police officer. However, if an officer simply demanded identification without lawful authority to do so, it would not meet the definition of an obstruction.

What is the punishment for obstructing a police officer?
It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment could amount to jail time.


If you or someone you know has been charged with obstructing a police officer, you should immediately contact a criminal lawyer to determine your best defence to this type of criminal charge. I can be reached for a free consultation at 416.297.7200.


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Fail to Appear for Court

This article is a brief and general overview reviewing legal information about failure to appear charges in Toronto, Ontario (aka. What happens when I miss my court date?). Those looking for advice on this or any criminal charge should consult a criminal lawyer.

Generally, it is a criminal offence to fail to appear in court as directed by a judge or to fail to appear for fingerprints and photographs as directed by a police officer pursuant to a valid court order.

What if I forgot my court date? Am I still guilty of failing to appear?
No. The act of failing to appear for court or at the police station for prints and photographs must be intentional. Therefore the crown must prove that you KNEW you had to attend and you chose not to. Forgetting your court date (even if you were negligent by not writing the date down etc.) will not meet the standard necessary for a conviction.

What If I intended to miss my court date but I had a really good reason for doing so?
In some circumstances, the court will accept a lawful (read: very good) excuse from an accused person as to why they missed their court date. Attending a job interview or being “hung over” are not likely considered lawful excuses. A lawful excuse usually requires that it would have been impossible for the accused person to attend the appearance. An example of a lawful excuse might be that the accused person was in the hospital with a significant medical condition that prevented them from being able to attend the court appearance. Another example of a lawful excuse may be that the accused person was in jail on another charge and couldn’t physically attend the appearance as required.

What happens if I just realized that I missed my court date? What do I do now?
What usually occurs when a person misses court is that the judge issues a warrant for their arrest. In the circumstance when the person misses their appearance for photographs and fingerprints, the police will issue the warrant.

Is it possible to have the warrant for my arrest for failing to appear cancelled?
It is possible (depending on when the warrant was issued) to have the warrant cancelled. Usually after two or three days, it will no longer be possible to have the warrant cancelled by the judge. In this instance, the defence lawyer will make arrangements to have the accused person surrender themselves to police to have the warrant processed.

If I surrender myself, will I still be charged with failing to appear in court?
Not necessarily- in some instances, a defence lawyer may be able to convince the police officer that the accused person simply forgot the date of their appearance and that the charge of failing to appear in court should not be laid.

What will happen to me after I surrender myself to the police for failing to appear?
In almost every instance, a person charged with failing to appear will be required to attend the police station for processing and will then be brought to the courthouse for a bail hearing. If a charge of fail to appear has not been added by the police officer, the accused person will likely be released back on the terms of their previous release associated to their underlying offence (for which they failed to appear). In other cases an accused person may have to go through the process of obtaining bail on the new charge and also risk the possibility of losing their bail on the underlying charge for which they failed to appear.

What are the penalties for failing to appear in court?
In some cases, it is possible to be found guilty of failing to appear and not receive a criminal conviction. However, many judges will impose jail sentences up to a maximum of six months for the offence. Regardless of what the penalty is, a finding of guilt for failing to appear in court will be a significant factor at any future bail hearing when deciding whether or not the accused person should be released on bail.

If you or someone you know has been charged with failing to appear for court, you should immediately contact a criminal lawyer to determine your best defence to this type of criminal charge. I can be reached for a free consultation at 416.297.7200.

The Bail Hearing Process

Does everyone charged with a criminal offence require a bail hearing? For most criminal offences, the police have the choice to release a person charged with a criminal offence without requiring a bail hearing. Police will generally not release a person without a bail hearing where they have concerns on one of the following grounds:

1) they need to establish the accused person’s identity
2) they fear the accused will destroy evidence relating to their investigation
3) they fear the accused will continue or repeat the offence or commit other criminal offences
4) they have reasonable grounds to believe the accused will not show up for court.

If the police hold any of these concerns, they will likely hold the accused person for a bail hearing.

What happens at a bail hearing? At a bail hearing, the court will decide whether or not the accused person should be released from jail while they await their trial.

How does the Court determine who can and cannot be released? In determining whether or not an individual facing criminal charges should be released from jail, the Court must be satisfied that the accused person will attend their court dates, that there is not a substantial likelihood that the accused would commit further criminal offences while released on bail and that the community would not be offended by the person's release given the serious nature of the offences alleged and the strength of the Crown’s case against the accused.

The onus is generally on the Crown to show why the accused should not be released on bail. In some situations, the onus is switched and it is the accused who must show why he should not be detained in jail while he awaits trial.

Most commonly, the reverse onus provisions are triggered when an accused person is already released on bail for other charges or is charged with a specific offence that imposes the reverse onus procedure, such as drug trafficking. A reverse onus situation may also be triggered when the person charged does not ordinarily reside in Canada.

For a person in custody, a bail hearing is often a critical juncture that will affect their decision on how to proceed with their case. This is a very important part of the criminal process and cannot be underestimated.

What does an accused person need to do to in order to get bail? At the bail hearing stage, the person charged will likely need the assistance of his or her friends or family members to come to court and act as sureties.

A surety is somebody willing to supervise the accused person while released on bail and is responsible for ensuring that all of the conditions of the bail are being followed. In some instances, the accused person may be required to live with the surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise the accused person - or risk losing their money should they fail to do so. In most instances, the surety need only establish that they have access to the amount of money being pledged and need not deposit the money with the courts. Bankbook statements or property deeds are examples of ways the surety can prove their assets to the Court.

How many sureties does somebody need to get bail? How much money will the sureties need to pledge? The amount of sureties and money to be pledged can vary depending on a number of factors such as the number of criminal charges the accused is facing, the type of charges, the financial situation of the surety, the surety’s ability to supervise the accused, whether the accused has a prior criminal record and the extent of the record among other considerations. Every case is fact specific and the decision of how many sureties are required and how much money they must pledge is ultimately a decision for Judge or Justice presiding over the bail hearing.

A surety may be asked to testify in Court about their plan to supervise the accused and perhaps give some background information about the accused person as well as their personal relationship with the accused in order to determine their suitability as a candidate to supervise the accused while on bail.

One of the most important roles a defence lawyer has at the bail hearing stage is to ensure that potential sureties at the bail hearing are adequately prepared for the process of testifying in court. The sureties should know ahead of time what questions will be asked of them by the defence lawyer and even what questions they may be asked by the Crown Attorney. One wrong answer to any of the questions asked in Court could result in the denial of bail for the accused.

Experienced criminal lawyers know what questions will likely be asked at a bail hearing and can prepare sureties ahead of time for the “tough” questions. A well prepared surety is often the difference between securing a release on bail and a detention order.

What if the surety can’t attend court for the bail hearing? If sureties are absent, one option may be to postpone the bail hearing to a later date when the sureties can be in attendance. There is no limit to the number of times a bail hearing can be postponed; however, a lawyer is usually only retained to appear for one bail hearing appearance. Postponing the hearing may result in additional costs incurred with the lawyer to have them appear on another date.

What happens if the accused is not granted bail? In the event of a detention order (denial of bail), the accused will have to bring a special application to the Superior Court of Justice to have his detention order reviewed by a higher Judge. For more information on the detention review process, please read "Changing My Bail Conditions"

Additional information can also be found on my website at http://www.yourbestdefence.com/. Alternatively, I can be reached at 416.297.7200 for a free consulation.