Peace officers are essential to our justice system: they maintain social peace, protect the public and prevent the commission of crimes. For this reason, assaulting a peace officer is a criminal offence under the Criminal Code.
Elements of the infringement
The elements of the offence will be the same as for assault, i.e. the person:
- intentionally uses force, directly or indirectly, against another person without their consent. This means that physical contact between the two people can be direct, or indirect, i.e. through an object;
- attempts or threatens to use force against another person, and that person has reasonable grounds to believe that he or she is in danger;
- is conspicuously carrying a weapon or an imitation weapon.
It should be noted that this last criterion does not apply to police officers or other persons whose law authorizes the carrying of a weapon, but consists of an illegal carrying of a weapon or imitation of a weapon. He must carry this weapon conspicuously, that is to say, he must not hide it. For example, inthe Tardif case, the Court of Québec recognized as the conspicuous carrying of a weapon the situation of an accused who placed a knife on the desk of his superiors in order to capture their attention following an intervention by the latter concerning his poor performance at work.
Peace Officer
To qualify as an assault on a peace officer, it must have been committed either:
- against a public officer or peace officer acting in the course of their duties, or a person assisting them. While in the majority of cases, offences against peace officers involve police officers, they are not the only peace officers. The term “peace officers” includes, but is not limited to, public officers, such as customs officers, officers of the Canadian Forces or the Royal Canadian Mounted Police, and any public servant engaged in the enforcement of federal revenue, customs, excise, trade or navigation laws. In addition, prison guards, sheriffs, mayors, bailiffs, justices of the peace or military personnel are considered peace officers.
- against a person with the intent to resist or prevent his or another’s lawful arrest or detention;
- against a person, acting in the lawful execution of a judicial act against lands or effects, or of a seizure, with the intention of regaining a thing seized or taken by virtue of a judicial act.
Assaulting a peace officer does not necessarily mean hitting or committing a violent act. For example, in the Lesage case, the Court of Québec found that the accused, who had voluntarily spat twice in the face of a police officer after his arrest, had assaulted the police officer while he was acting in the performance of his duties.
The prosecution, in addition to proving the act, will have to prove that the accused intended to use force or attempt to use force without the consent of the peace officer. Thus, it is not important for the prosecution to prove that the accused was targeting a particular peace officer. However, the accused must have known that the victim was a peace officer, or he should have known that the victim was a peace officer and he willfully blinded himself.
Sentencing
The offence of assaulting a peace officer is a hybrid offence: it is punishable by summary conviction or by indictment.
The choice of the mode of prosecution will be up to the Crown, depending on the seriousness of the offence and the consequences it has caused. If prosecuted by indictment, assaulting a peace officer is punishable by a maximum of 5 years imprisonment, while it is punishable by two years less a day for a summary prosecution.
Assaults on a peace officer are serious offences that are intended to protect those who keep us safe and maintain public order. If you are facing assault charges against a peace officer, it is essential to consult with an experienced criminal lawyer to defend yourself effectively.
Call us now to protect your rights!