Obstructing justice means trying, in any way, to block or defeat the course of justice, such as pressuring a witness, hiding evidence, or lying to police to protect someone. A related charge, obstructing a peace officer, covers getting in the way of an officer doing their job, including giving a fake name.
For obstructing justice, the attempt alone is the crime, and you do not need to have touched anyone. The most serious form carries up to 10 years in prison. In Calgary, these cases start in the Alberta Court of Justice at the Calgary Courts Centre, and many end without a criminal record when the defence acts early.
KEY TAKEAWAYS
- The Crown must prove you intended to obstruct. A mistake, misunderstanding, or panic is not intent.
- If police had no legal grounds to arrest or detain you, they may have had no right to demand your name, and an obstructing a peace officer charge can fail.
- For permanent residents, the most serious obstruction offence counts as ‘serious criminality’ under immigration law, even when the Crown proceeds summarily.
- A judge can order a discharge instead of a conviction, and the Crown can offer withdrawal, alternative measures, or a peace bond.
- Contacting a witness or deleting messages after the charge can lead to new charges.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people against criminal charges, including obstruction offences, in Calgary. He has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On obstruction files, his record includes a client who was found not guilty of obstruction and every other charge after Cory showed that the arrest was unlawful. Outcomes like that are built long before trial. Obstruction cases turn on whether police acted lawfully, what the accused actually did, and what they intended. Cory tests each point in the disclosure and puts the problems in front of the Crown while the charge can still be withdrawn.
Obstruction allegations arise in a few ways: a false name given at a traffic stop, a call or text to a witness, a deleted message or hidden item, or a story told to protect a friend or family member. Each one leaves a record of body camera footage, police notes, and phone data, and each one is a place where Cory will look for weaknesses in the Crown’s case.
If you have been charged with obstruction or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT COUNTS AS OBSTRUCTION IN CANADA?
|
CHARGE |
WHAT IT COVERS |
COMMON EXAMPLES |
|---|---|---|
| Obstructing justice | Any intentional attempt to obstruct, pervert, or defeat the course of justice. | Pressuring or bribing a witness, hiding evidence, lying to police to protect someone, or agreeing to repay your surety. |
| Obstructing a peace officer | Resisting or wilfully obstructing an officer carrying out their duty. | Giving a fake name or false ID, running from a lawful detention, or getting between an officer and the person they are arresting. |
Under the Criminal Code definition, a ‘peace officer’ includes city police and RCMP, sheriffs, correctional officers, and border services officers. Bailiffs, mayors, and pilots in command of an aircraft in flight are also included.
“People accused of obstruction of justice offences in Calgary often underestimate how seriously the Crown Prosecutor may view the allegation. They assume that because they didn’t physically interfere with the police or the court, they cannot be found guilty of obstruction.”
Cory Wilson, Criminal Defence Lawyer
WHAT ARE THE PENALTIES FOR OBSTRUCTION?
The Crown chooses whether to proceed summarily (less serious) or by indictment (more serious).
|
CHARGE |
INDICTABLE MAXIMUM |
SUMMARY MAXIMUM |
|---|---|---|
| Obstructing justice | 10 years in prison (2 years for bail-repayment deals) | 2 years less a day, a $5,000 fine, or both |
| Obstructing a peace officer | 2 years in prison | 2 years less a day, a $5,000 fine, or both |
Neither offence has a mandatory minimum sentence, so a judge can order an absolute or conditional discharge, in which no conviction is entered.
A conviction can also affect:
- Immigration. Under the Immigration and Refugee Protection Act, a non-citizen convicted of an offence with a 10-year maximum is inadmissible for serious criminality, even if the Crown proceeded summarily.
- Employment. An obstruction conviction shows up on police record checks and signals dishonesty to employers and licensing bodies.
- Travel. A criminal record can lead to refusal at the U.S. border.
Cory deals with these consequences during resolution talks, before any plea, so the outcome protects your status, career, and travel.
WHAT SHOULD YOU DO RIGHT AFTER AN OBSTRUCTION CHARGE?
Cory recommends these immediate steps:
- Do not contact witnesses or anyone involved in the case. Even a friendly message can look like an attempt to influence their evidence.
- Do not delete texts, emails, or social media posts. Deleting material after a charge can be treated as hiding evidence.
- Follow every release condition exactly. A breach is a separate offence.
- Do not explain yourself to police without a lawyer. Saying “I was only trying to help” will not end the case, and police can use it as evidence.
These steps protect your defence and give Cory a cleaner file to bring to the Crown Prosecutor.
WHAT HAPPENS AFTER AN OBSTRUCTION CHARGE IN CALGARY?
How your case starts depends on how police release you.
|
TYPE OF RELEASE |
WHAT IT MEANS |
|---|---|
| Appearance notice | The officer releases you at the scene or the station with a paper listing your court date and, often, a fingerprinting date. It has no other conditions. |
| Undertaking | You sign a promise to attend court and comply with conditions, such as no contact with named witnesses, staying away from certain places, or reporting to police. |
| Bail hearing | Police hold you at the Arrest Processing Section at the Spyhill Services Centre in northwest Calgary and must bring you before a justice within 24 hours. If you are not released, you go to the Calgary Remand Centre. |
Police can refuse to release you if they cannot confirm your identity, so a fake name or a false ID charge can mean a night in custody and a bail hearing. Whichever way you are released, missing a court or fingerprinting date, or breaking a condition, is a separate charge.
From there, your case follows these steps:
- Fingerprints and photos. You attend the Calgary Police Service Westwinds Campus (5111 47 Street NE) on the date listed on your paperwork.
- First appearance. Your case starts in the Alberta Court of Justice at the Calgary Courts Centre, 601 5 Street SW. If you hire Cory before this date, he appears for you.
- Disclosure. Cory orders all the evidence, including police reports, witness statements, body camera and CCTV footage, and messages.
- Resolution talks. Cory pushes the Crown for a withdrawal or another outcome with no criminal record.
- Trial. If the Crown will not resolve the case fairly, you decide whether to plead not guilty.
In Cory’s experience, a Calgary trial takes place 6 to 10 months after the charge is laid. An early withdrawal or resolution can end the case within a few months.
HOW DOES THE CROWN DECIDE WHETHER TO RESOLVE YOUR CASE?
Under the Alberta Crown Prosecution Service’s Decision to Prosecute guideline, a case can only continue if there is a reasonable likelihood of conviction and prosecution is in the public interest.
“The Crown Prosecutor will focus on what the accused actually did, what they intended, and whether the conduct has the required connection to the administration of justice.”
Cory Wilson, Criminal Defence Lawyer
Depending on the facts, resolution options include:
- Withdrawal of the charge.
- Diversion through Alberta’s alternative measures program, with no conviction.
- A peace bond of up to 12 months in exchange for withdrawal.
- A plea to a lesser offence, or to the main charge with the obstruction count dropped.
Before agreeing, the Crown wants proof the behaviour has stopped, including strict compliance with your conditions. Cory then presents your explanation, the gaps in the evidence, and a plan showing it will not happen again.
HOW DOES CORY WILSON BUILD YOUR DEFENCE?
Cory starts every obstruction file with three questions:
- What exactly did you do? He compares the police story with recordings, texts, phone records, CCTV footage, and witness accounts. Conduct that was only unhelpful to the police is not obstruction.
- What did you intend? He looks for an innocent explanation, a misunderstanding, or a different purpose.
- Can the Crown prove it beyond a reasonable doubt? He tests witnesses for contradictions and looks for missing evidence.
He also reconstructs the full timeline from police notes, body camera footage, and call logs to show what you knew and why you acted.
“A vague allegation that someone interfered with an investigation is not necessarily enough. I scrutinize whether the evidence objectively establishes the alleged conduct and whether the Crown Prosecutor has proved the required mental element, rather than relying on assumptions about what the accused intended.”
Cory Wilson, Criminal Defence Lawyer
WHAT DEFENCES ARE AVAILABLE FOR AN OBSTRUCTION CHARGE?
Defences Cory raises in obstruction cases include:
- The officer was not acting lawfully. An unlawful arrest or detention can defeat an obstructing a peace officer charge.
- No intent to obstruct. An incorrect address given by mistake or due to confusion during a stressful stop is not intentional obstruction.
- The conduct was not obstructive. Staying silent or asking for a lawyer is your right, not a crime.
- Charter breaches. If police violated your rights, Cory can ask the court to exclude the evidence.
If the Crown cannot prove every element of the offence, you must be found not guilty.
SUCCESSFUL RESULT: CLIENT FOUND NOT GUILTY OF OBSTRUCTION AND ALL OTHER CHARGES
Cory’s client was charged with several offences, including obstruction for giving police false identification during his arrest. The Crown would not withdraw the charges, and the case went to trial.
As Cory explains:
“At trial, I was able to establish that the police officer didn’t have reasonable grounds to arrest my client to begin with. That meant the officer didn’t have a legal right to demand identification from my client.”
The court found the client not guilty of obstruction and every other charge.
When the arrest falls, the obstruction charge often falls with it. See more recent cases Cory Wilson has successfully defended.
TESTIMONIALS
Here’s what clients have said about Cory.
There for his clients and wants the best possible outcome
“Responded right away to all inquiries no matter the time of day, respectful and professional. He made the experience of dealing with my circumstances pleasurable and easy. Would recommend his services to anyone looking for a great lawyer that is there for his clients and wants the best possible outcome.”
— T.M.
Fantastic lawyer
“Cory Wilson is a fantastic lawyer. His courtroom skills are second to none. You are in good hands with Cory as your lawyer.”
— M.B.
Makes you feel at ease
“Cory is an amazing lawyer – extremely responsive, very knowledgeable, and makes you feel at ease. Anyone looking for a criminal defence lawyer I highly recommend Cory Wilson.”
— C.L.
RELATED OFFENCES
Obstruction is often charged alongside, or instead of, these offences:
- Perjury, lying under oath with intent to mislead.
- Fabricating evidence.
- Public mischief, such as a false report to police.
- Intimidating a witness, juror, or other justice system participant.
- Resisting arrest.
- Assaulting a peace officer.
- Failing to stop for police.
- Identity fraud.
- Failing to comply with release conditions.
Cory reviews every count on your file. A weak obstruction charge can change how the Crown approaches the rest of the case.
FAQS
IS LYING TO POLICE A CRIME IN CANADA?
You have the right to stay silent. But giving police a false name, false ID, or a false story to mislead an investigation can lead to an obstruction charge. A false report that leads police to pursue someone else can result in charges of public mischief.
CAN AN OBSTRUCTION CHARGE BE DROPPED IN CALGARY?
Yes. The Crown can withdraw the charge if the evidence is weak or prosecution is not in the public interest. Cory raises the problems with the evidence and your circumstances early to push for withdrawal or diversion.
WHAT IF I WAS ONLY TRYING TO PROTECT SOMEONE?
Your reason does not end the case on its own. The Crown focuses on what you did and whether you meant to interfere. Your reasons can still help at resolution and sentencing, so share them with your lawyer, not the police.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background. Wilson Criminal Defence offers flexible payment plans.
During your free consultation, we will discuss the obstruction charge, possible outcomes, defences, and legal fees. We will also explain each step in advance, so you know what to expect. Call 403-978-6052, 24 hours a day.
LEGAL REFERENCES
- Definition of peace officer, Criminal Code, RSC 1985, c C-46, s 2
- Offences relating to public or peace officer, Criminal Code, RSC 1985, c C-46, s 129
- Perjury, Criminal Code, RSC 1985, c C-46, s 131
- Fabricating evidence, Criminal Code, RSC 1985, c C-46, s 137
- Obstructing justice, Criminal Code, RSC 1985, c C-46, s 139
- Public mischief, Criminal Code, RSC 1985, c C-46, s 140
- Failure to comply with release conditions, Criminal Code, RSC 1985, c C-46, s 145
- Identity fraud, Criminal Code, RSC 1985, c C-46, s 403
- Intimidation of a justice system participant, Criminal Code, RSC 1985, c C-46, s 423.1
- Alternative measures, Criminal Code, RSC 1985, c C-46, s 715.49
- Absolute and conditional discharges, Criminal Code, RSC 1985, c C-46, s 730
- General penalty for summary conviction offences, Criminal Code, RSC 1985, c C-46, s 787
- Peace bonds, Criminal Code, RSC 1985, c C-46, s 810
- Serious criminality, Immigration and Refugee Protection Act, SC 2001, c 27, s 36
- Decision to Prosecute guideline, Alberta Crown Prosecution Service (2022)
