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Criminal Code

s. 139 Obstructing Justice

Obstructing justice

  • Public Order & Administration
  • Public Order
Maximum sentence
10 years (obstruction generally, subsec. 139(2)) / 2 years (surety indemnification, subsec. 139(1))
Classification
Hybrid

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

The law says

Criminal Code s. 139
Verify on justice.gc.ca(opens in a new tab)
  • (1)Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding, (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody, is guilty of (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (d) an offence punishable on summary conviction.
  • (2)Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
  • (b)an offence punishable on summary conviction.
  • (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.
Amendment History (2)
  • R.S., 1985, c. C-46, s. 139
  • 2019, c. 25, s. 43

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

Immigration

Where this offence sits under IRPA

Section 139 has two branches, and both are hybrid. IRPA s.36(3)(a) treats both as indictable, so either one is criminality under s.36(2). The branch that matters most is subsection 139(2), the general offence of obstructing justice. Its top sentence of 10 years reaches serious criminality under s.36(1)(a) and rules out deemed rehabilitation. The route is a record suspension for a conviction in Canada (s.36(3)(b)), or an application to be found rehabilitated for one outside Canada (s.36(3)(c)). The narrower surety branch in subsection 139(1) carries only 2 years, so it stays at ordinary criminality. So the subsection named in the charge can change the result completely. The court record shows which one it was.

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. 131PerjuryIndictableCriminal Code s. 129Offences Relating to Public OfficersHybridCriminal Code s. 145Escape and Failure to Attend or ComplyHybrid