Marginal note:Misconduct of officers executing process
128. Every peace officer or coroner who, being entrusted with the execution of a process, wilfully
(a) misconducts himself in the execution of the process, or
(b) makes a false return to the process,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
- R.S., c. C-34, s. 117.
Marginal note:Offences relating to public or peace officer
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
- R.S., c. C-34, s. 118;
- 1972, c. 13, s. 7.
Marginal note:Personating peace officer
130. (1) Everyone commits an offence who
(a) falsely represents himself to be a peace officer or a public officer; or
(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.
(2) Everyone who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
- R.S., 1985, c. C-46, s. 130;
- 2009, c. 28, s. 2.
131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.
Marginal note:Video links, etc.
(1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.
(2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.
(3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.
- R.S., 1985, c. C-46, s. 131;
- R.S., 1985, c. 27 (1st Supp.), s. 17;
- 1999, c. 18, s. 92.
- Date modified: