Is It a Crime Not to Cooperate With the Police in Canada?

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What Is Your Right to Remain Silent?

In Canada, you generally have no obligation to provide information to the police or assist in a criminal investigation. You can refuse to answer questions, decline to give a statement, and choose not to participate in an investigation.

This right exists whether you are a witness, a suspect, or simply a bystander. The police cannot compel you to speak with them in most circumstances, and exercising your right to silence is not a crime.

When Are You Required to Provide Information to Police?

There are some exceptions to the general rule. In certain situations, you are legally required to provide specific information:

Upon Arrest: If you are arrested, you must provide the police with your name, address, and date of birth.

Motor Vehicle Matters: If you are the driver or registered owner of a motor vehicle, traffic safety legislation may require you to provide information to police in certain circumstances. For example, drivers involved in accidents are required by law to complete collision statements.

Regulated Activities: If you are participating in a regulated activity, such as commercial trucking or hunting, the governing laws and regulations may require you to provide certain information to investigators or regulators.

If you are unsure about whether you must cooperate with the police or how much information you are legally required to provide, you should consult with a lawyer.

What Is Obstruction of a Peace Officer?

Section 129 of the Criminal Code makes it an offence to obstruct police. Specifically, it is a crime if you:

• Resist or wilfully obstruct a public officer or peace officer in the execution of their duty, or any person lawfully acting in aid of such an officer
• Omit, without reasonable excuse, to assist a public officer or peace officer in arresting a person or preserving the peace after having reasonable notice that you are required to do so
• Resist or wilfully obstruct any person in the lawful execution of a process against lands or goods, or in making a lawful distress or seizure.

This offence can be prosecuted as an indictable offence with a maximum term of imprisonment of two years, or as a summary conviction offence.

What Does “Obstruct” Mean Under the Law?

“Obstruct” means to impede or interpose impediments to the hindrance or frustration of some act or service. It involves interfering with a police officer while they are on duty.

An obstruction must involve an act by the accused that makes it more difficult for police to carry out their duties. However, an act that causes only inconvenience is not enough to constitute obstruction.

What Are Examples of Obstruction?

Actions that may constitute obstruction include:

• Notifying other people of the presence of police to help them evade arrest
• Destroying or hiding evidence
• Providing false information to the police during an investigation
• Physically interfering with an arrest

Importantly, a simple lack of cooperation or refusal to answer questions is generally not obstruction. The distinction is between passive non-cooperation, which is your right, and active interference with police duties, which is a crime.

Can You Lie to the Police?

No. While you have the right to remain silent, you do not have the right to lie to the police. Lying to a police officer who is investigating an offence may constitute obstruction of a peace officer or obstruction of justice. These are serious criminal offences.

If you are later charged with an offence, any lies you told police will also hurt your ability to defend yourself in court.

What Must the Crown Prove for an Obstruction Charge?

For the Crown to prove that an accused is guilty of obstruction of a peace officer under Section 129(a), they must establish:

• The identity of the accused
• The date, time, and jurisdiction of the incident
• The complainant was a peace officer or public officer within the meaning of Section 129
• The accused knew that the complainant was a peace officer
• The accused resisted or wilfully obstructed the officer or any person lawfully acting in aid of the officer
• The peace officer was engaged in lawful duty at all relevant times
• If the officer was undertaking an arrest, there were reasonable grounds to do so, and the arrest was properly made
• The obstruction was wilful

Where the officer is acting outside of their “lawful authority,” they cannot be in execution of their duties. This can be an important defence.

Should You Speak to Police If They Want to “Get Your Side of the Story”?

If police contact you and say they want to discuss an incident or give you a chance to tell your side of the story, proceed with caution. By the time the police have contacted you and asked to meet, they may already have decided to arrest you and lay charges.

There is no such thing as speaking to police “off the record.” Anything you tell a police officer, at any time, can be used against you. This includes informal conversations, phone calls, and anything the officer records in their notebook.

Even if you are innocent, speaking with the police carries risks. It allows them to investigate your version of events and identify inconsistencies. It also gives the prosecutor a preview of what you might say at trial.

Will Speaking to a Lawyer Make You Look Guilty?

Many people worry that consulting a lawyer will make police think they are guilty or have something to hide. Remember that if you are charged with an offence, the prosecutor cannot argue that seeking legal advice suggests guilt. Both the innocent and the guilty need legal advice.

Whether you “look guilty” is less important than whether it can be proven that you are guilty. A lawyer can provide important advice to help you avoid mistakes that cannot be undone.

Have You Been Charged With Obstruction?

If you have been charged with obstructing a peace officer or any related offence, there are defences available to you. Understanding your rights and the specific elements the Crown must prove is essential to mounting an effective defence.

Pyzer Criminal Lawyers has over two decades of experience defending clients throughout Toronto and the GTA. We understand the nuances of obstruction charges and can help protect your rights. Contact us at (416) 658-1818 for a free, confidential consultation.