R. v. B., (1985) 64 A.R. 151 (PC)

• Judge: Russell, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 21, 1985
• Citations: (1985), 64 A.R. 151 (PC)

R. v. B. (1985), 64 A.R. 151 (PC)

MLB headnote and full text

R. v. B.

Indexed As: R. v. B.

Alberta Provincial Court

Youth Division

Russell, P.C.J.

October 21, 1985.

Summary:

A 14 year old accused was charged with obstructing a peace officer in the execution of his duty, contrary to s. 118(a) of the Criminal Code of Canada. The Alberta Provincial Court convicted the accused.

Criminal Law - Topic 434

Disobedience and obstruction - Obstruction of peace officer in execution of his duty - Elements - Intention or mens rea - The accused was charged with wilfully obstructing a peace officer in the execution of his duty, contrary to s. 118(a) of the Criminal Code of Canada - The Alberta Provincial Court held that an "evil intention" is not a necessary ingredient of an offence under s. 118(a) - See paragraphs 7 to 9.

Criminal Law - Topic 434

Disobedience and obstruction - Obstruction of peace officer in execution of his duty - Elements - Acting under duty - The Alberta Provincial Court held that a peace officer must be acting under statutory or common law duty before an offence was committed under s. 118 - In the case at bar the officer relied on a presumption that he acted with legal authority, authority which in fact existed - The court held that the fact that he was unaware of the specific authority he was exercising did not negate his authority to act and that he was properly acting in the execution of his duty - See paragraphs 10 to 18.

Criminal Law - Topic 434

Disobedience and obstruction - Obstruction of peace officer in execution of his duty - Lawful excuse - The Alberta Provincial Court held that a benevolent purpose is not a lawful excuse to a charge of wilfully obstructing a peace officer in the execution of his duty - See paragraphs 7 to 9.

Criminal Law - Topic 434

Disobedience and obstruction - Obstruction of peace officer in execution of his duty - What constitutes - A 14 year old girl ran away from home - Her 14 year old friend sheltered the girl with his mother's permission - The friend deliberately lied to police when they came to his house investigating her disappearance and caused the officer to continue his investigation elsewhere - The Alberta Provincial Court convicted the friend of wilfully obstructing a peace officer in the execution of his duty - See paragraphs 8 to 9, 19.

Cases Noticed:

R. v. Sandford, 62 C.C.C.(2d) 89 (Ont. Prov. Ct.), consd. [para. 7].

Ex. P. O' Shaughnessy (1904), 8 C.C.C. 1366, consd. [para. 7].

R. v. Goodman (1951), 99 C.C.C. 366 (B.C.C.A.), consd. [para. 7].

Rice v. Connally, [1966] 2 All E.R. 649, consd. [para. 7].

Johansen v. The King; Daniluk v. The King, 89 C.C.C. 305, ref'd to. [para. 10].

R. v. Stenning, [1970] S.C.R. 631, ref'd to. [para. 10].

Knowlton v. R., [1974] S.C.R. 443, ref'd to. [para. 10].

R. v. Dedman (1985), 60 N.R. 34; 11 O.A.C. 241 (S.C.C.), ref'd to. [para. 10].

R. v. Lis (1983), 48 A.R. 157; 28 Alta. L.R.(2d) 346, dist. [para. 16].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 118(a) [paras. 1, 7, 10, 13, 16]; sect. 249, sect. 250 [para. 11].

Police Act, R.S.A. 1980, c. P-12, sect. 31 [para. 13].

Authors and Works Noticed:

Mewett and Manning, Criminal Law (2nd Ed. 1985), p. 466 [para. 16].

Counsel:

P. Innes, for the Crown;

M. Duckett, for the accused.

This charge was heard before Russell, P.C.J., of the Alberta Provincial Court, Youth Division, whose decision was delivered on October 21, 1985 at Sherwood Park, Alberta.