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Criminal Code

s. 270 Assaulting a Peace Officer

Assaulting a peace officer

  • Public Order & Administration
  • Assault
  • Public Order
Maximum sentence
5 years
Classification
Hybrid

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

The law says

Criminal Code s. 270
Verify on justice.gc.ca(opens in a new tab)
  • (1)Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
  • (b)assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
  • (c)assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure.
  • (2)Every one who commits an offence under subsection (1) is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
  • (b)an offence punishable on summary conviction.
Amendment History (3)
  • R.S., c. C-34, s. 246
  • 1972, c. 13, s. 22
  • 1980-81-82-83, c. 125, s. 19

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

Immigration

Where this offence sits under IRPA

Assaulting a peace officer is hybrid. The top sentence is 5 years, and a conviction is treated as criminality under IRPA s.36(2) (foreign nationals only). It is not serious criminality, because the maximum is under 10 years. Even so, CBSA officers at ports of entry take it very seriously. 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