Obstruction of justice

My friend was going to be arrested for drinking a beer outside a bar, I kicked the beer and broke it and now the police are going to charge me with obstuction of justice. I spoke with the officer on the phone and he wants me to come to the police station or he will issue a warrant. Is it my best interest to go or wait until tomorrow and get a lawyer? <p>&nbsp;</p>


Asked over 1 year ago in Saskatchewan
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer


Although it is unlikely that the police will hold you in custody, pending a bail hearing, for this minor obstruct charge, the safest thing to do would be to contcat a criminald defence lawyer to speak with the officer to arrange a time for you to be processed.
 
The bottom line, though, is that once you are charged (which you will be by the sounds of things), do NOT speak to the police about the incident AT ALL.    You have a right to silence, pursuant to section 7 of the Charter of Rights and Freedoms, and you ought to exercise this right.  There is nothing that you can say to the police to "make things better" if they intend on charging you, or if you've already been charged.  
 
Further, I find it difficult to see how the prosecuction has any chance of succeeding in this case.  The offence of obstruction of justice in the Criminal Code of Canada is defined as follows:
 
139. (3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.
 
Andrew Captan,
Barrister, Solicitor & Notary Public | 
603 1/2 Parliament Street, Toronto, ON, M4X 1P9 |
T: 647.878.6355 | E:  andrew@captanlaw.com | W: www.CaptanLaw.com | 
 

Posted over 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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