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Criminal Code

s. 129 Offences Relating to Public Officers

Offences relating to public or peace officer

  • Public Order & Administration
  • Public Order
Maximum sentence
2 years
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 129
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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.

Amendment History (2)
  • R.S., c. C-34, s. 118
  • 1972, c. 13, s. 7

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

This offence is hybrid. The top sentence is 2 years, and a conviction is treated as criminality under IRPA s.36(2) (foreign nationals only). Obstructing a peace officer is a fairly minor crime, but it still bars a foreign national from entering Canada under that ground. A sentence of more than six months in prison imposed in Canada would make it serious criminality (s.36(1)(a)).

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Related sections

Criminal Code s. 145Escape and Failure to Attend or ComplyHybridCriminal Code s. 270Assaulting a Peace OfficerHybrid