The Offence of Resisting a Peace Officer
The offence of resisting a peace officer requires more than being uncooperative: it requires active physical resistance . R. v. Kennedy, 2016 ONCA 879 Criminal Code, Section 129 (a) Every one who resists or willfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer is guilty of [an indictable or summary offence] [emphasis mine]. s. 129(a) constitutes one offence of “resists or willfully obstructs” where “resist” and “obstruct” are alternate means of committing an offence: R. v. Glowach, 2001 BCSC 241 (CanLII). The Actus Reus of the Offence of Resisting a Police Officer In order to prove a charge of resisting arrest, the actions of the accused must constitute “active resistance” and not “passive resistance”. Further, the officer must be acting in execution of his/her duty. Conduct, without such active resistance may, conceivably, amount to obstruction of the officer, but ...