R. v. Ure, (1976) 6 A.R. 193 (TD)
| Judge | Miller, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | November 15, 1976 |
| Citations | (1976), 6 A.R. 193 (TD) |
R. v. Ure (1976), 6 A.R. 193 (TD)
MLB headnote and full text
R. v. Ure
Indexed As: R. v. Ure
Alberta Supreme Court
Trial Division
Miller, J.
November 15, 1976.
Summary:
This case arose out of a charge of obstructing a peace officer in the execution of his duty contrary to s. 118 of the Criminal Code. The trial judge dismissed the charge because the Crown failed to prove that the officer was completely frustrated in carrying out the particular duty in which he was involved in at the time.
On appeal by way of stated case to the Trial Division of Alberta Supreme Court the appeal was allowed, the dismissal was set aside and the case was referred back to the trial judge for further consideration. The Alberta Supreme Court, Trial Division stated it was not necessary that the officer be completely frustrated in carrying out his duties - see paragraph 11.
The Trial Division stated the elements of the offence of obstruction of a peace officer - see paragraph 12.
S. 118 of the Criminal Code stated:
118 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 two years, or
(e) an offence punishable on summary conviction. 1953-54, c. 51, s. 110, 1972, c. 13, s. 7.
Criminal Law - Topic 434
Offences against the Administration of law and justice - Obstruction of a peace officer in the execution of his duty - Criminal Code, s. 118 - The Alberta Supreme Court, Trial Division, stated the elements of the offence of obstructing a peace officer in the execution of his duty - The Trial Division listed the elements as (1) an obstruction; (2) that the obstruction affected the officer in the execution of his duty; and (3) that the obstruction was wilful - The Trial Division stated that it was not necessary that the officer be completely frustrated in the carrying out of his duties - See paragraphs 11 and 12.
Cases Noticed:
R. v. Bakin, 1974, 14 C.C.C.(2d) 541, folld. [para. 4].
R. v. Westlie, (1971), 2 C.C.C.(2d) 315, folld. [para. 4].
Hinchcliffe vs. Sheldon, [1955] 3 All E.R. 406, folld. [para. 8].
Statutes Noticed:
Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 118 [see above].
Counsel:
W. Kubanek, for the Crown,
D.W. Freeland, for the defence.
The judgment of MILLER, J., of the Trial Division of the Alberta Supreme Court was delivered at Peace River, Alberta on November 15, 1976.
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R. v. Gunn (P.B.), (1997) 193 A.R. 222 (CA)
...193 (C.A.), refd to. [para. 11]. R. v. McClelland (B.L.) (1995), 165 A.R. 332; 89 W.A.C. 332 (C.A.), refd to. [para. 12]. R. v. Ure (1976), 6 A.R. 193 (T.D.), refd to. [para. R. v. Westlie (1971), 2 C.C.C.(2d) 315 (B.C.C.A.), refd to. [para. 17]. R. v. Long, [1970] 1 C.C.C. 313 (B.C.C.A.), ......
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R. v. Bull (L.M.), 1999 ABPC 171
...270 (Que. C.A.), refd to. [para. 7]. R. v. Tortolano et al. (1975), 28 C.C.C.(2d) 562 (Ont. C.A.), refd to. [para. 7]. R. v. Ure (1976), 6 A.R. 193 (T.D.), refd to. [para. 7]. R. v. Sandford (1980), 62 C.C.C.(2d) 89 (Ont. Prov. Ct.), refd to. [para. 7]. R. v. L.S.L. (1991), 89 Sask.R. 267 (......
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R. v. Borenstein (D.S.), (1995) 189 A.R. 325 (ProvCt)
...19 M.V.R.(2d) 219 (Ont. H.C.), consd. [para. 38]. R. v. Leguilloux (1979), 11 C.R.(3d) 289 (B.C.C.A.), consd. [para. 39]. R. v. Ure (1976), 6 A.R. 193 (T.D.), refd to. [para. R. v. B. (1985), 64 A.R. 151; 41 Alta. L.R.(2d) 341 (Prov. Ct.), refd to. [para. 51]. R. v. Blackstar, [1981] 14 W.C......
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R. v. Johnsgaard (T.D.), [2003] A.R. Uned. 611
...on this analysis I find the accused not guilty of either obstruction of a police officer, or resisting arrest. Footnotes 1. R. v. Ure (1976), 6 A.R. 193 (T.O.) 2. Piddington v. Bates , [1960] 3 All E.R. 660 (Q.B.) 3. R. v. Knowlton (1973), 10 C.C.C. (2d) 377 (S.C.C.) 4. R. v. Long, [1970] 1......
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R. v. Gunn (P.B.), (1997) 193 A.R. 222 (CA)
...193 (C.A.), refd to. [para. 11]. R. v. McClelland (B.L.) (1995), 165 A.R. 332; 89 W.A.C. 332 (C.A.), refd to. [para. 12]. R. v. Ure (1976), 6 A.R. 193 (T.D.), refd to. [para. R. v. Westlie (1971), 2 C.C.C.(2d) 315 (B.C.C.A.), refd to. [para. 17]. R. v. Long, [1970] 1 C.C.C. 313 (B.C.C.A.), ......
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R. v. Bull (L.M.), 1999 ABPC 171
...270 (Que. C.A.), refd to. [para. 7]. R. v. Tortolano et al. (1975), 28 C.C.C.(2d) 562 (Ont. C.A.), refd to. [para. 7]. R. v. Ure (1976), 6 A.R. 193 (T.D.), refd to. [para. 7]. R. v. Sandford (1980), 62 C.C.C.(2d) 89 (Ont. Prov. Ct.), refd to. [para. 7]. R. v. L.S.L. (1991), 89 Sask.R. 267 (......
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R. v. Borenstein (D.S.), (1995) 189 A.R. 325 (ProvCt)
...19 M.V.R.(2d) 219 (Ont. H.C.), consd. [para. 38]. R. v. Leguilloux (1979), 11 C.R.(3d) 289 (B.C.C.A.), consd. [para. 39]. R. v. Ure (1976), 6 A.R. 193 (T.D.), refd to. [para. R. v. B. (1985), 64 A.R. 151; 41 Alta. L.R.(2d) 341 (Prov. Ct.), refd to. [para. 51]. R. v. Blackstar, [1981] 14 W.C......
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R. v. Johnsgaard (T.D.), [2003] A.R. Uned. 611
...on this analysis I find the accused not guilty of either obstruction of a police officer, or resisting arrest. Footnotes 1. R. v. Ure (1976), 6 A.R. 193 (T.O.) 2. Piddington v. Bates , [1960] 3 All E.R. 660 (Q.B.) 3. R. v. Knowlton (1973), 10 C.C.C. (2d) 377 (S.C.C.) 4. R. v. Long, [1970] 1......