Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-01 and last amended on 2014-07-11. Previous Versions

Marginal note:Misconduct of officers executing process

 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

 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
  •  (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.

  • Marginal note:Punishment

    (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.
Marginal note:Aggravating circumstance

 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence.

  • 2014, c. 10, s. 1.