Assaulting a Peace Officer
The offence of assaulting a peace officer is outlined in section 270(1) of the Criminal Code.
A person commits the offence of assaulting a peace officer when:
- they assault a peace or public officer exercising their duties or anyone helping such an officer exercise their duties;
- when they assault anyone to resist or prevent a lawful arrest or detention; or
- when they assault anyone executing a lawful process against lands or goods, distress, or seizure or to rescue anything taken under such a process, distress, or seizure.
A person commits assault when they intentionally apply force or threaten to apply force, either directly or indirectly, to another person without that person’s consent.
Examples
Person A pushes a police officer engaged in crowd control at a protest.
Person G, who is in custody, threatens to kill the medical technician who is lawfully seizing a sample of person G’s DNA.
Cases
R. v Allen, 2015 ONSC 2594
In R. v. Allen, the accused was charged with one count of assaulting a peace officer when he fought with a police officer who had discovered drug paraphernalia in his motel room and was about to arrest the accused.
R. v. Plummer, 2004 CanLII 12232 (ON SC)
In R. v. Plummer, the accused was charged with one count of assaulting a peace officer when he pushed a police officer who was attempting to arrest him for failing to provide documents when pulled over for driving without a seatbelt on.
Offence Specific Defence(s)
Unlawful Actions
An individual has the right to use force to protect themselves from an illegal arrest and to protect their property from unlawful process, distress, or seizure, and where they do so using only as much force as is necessary for this protection, they may not have completed the offence of assaulting a peace officer.
Also, where a peace officer is not engaged in the exercise of their duties, meaning they are not acting in accordance with the powers conferred to them by law but are instead acting unlawfully, the person assaulting them may not have completed the offence of assaulting a peace officer.
Consent
Where the officer being touched consents to the physical conduct, the person touching them may not have completed the offence of assaulting a peace officer.
Accidental or Unintentional Contact
Where the person did not intend to make physical contact with the officer, but accidentally did so, such as when a person falls and reaches out to regain their balance, they may not have completed the offence of assaulting a peace officer.
More Legal Information
Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.