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.
Marginal note:Aggravating circumstance
130.1 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.
- Date modified: