Q: My son has been charged with obstruction of justice. He met with the police officer who gave him a ticket to try to explain what really happened, and ended up charged. I’m not sure what was said, because the next thing my son knew, he was being charged with a criminal offence. What can he do?
A: The answer to this question will be decided by what the conversation was between your son and the police officer. If, for example, there was an attempt at a bribe, it is not surprising that this charge would be laid.
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In Canada, the obstruction of justice charge is found in the Criminal Code. It is defined as any attempt, in any manner, to obstruct, pervert or defeat a judicial proceeding.
Trying to bribe a judge, lawyer, peace officer, court official or witness could constitute obstruction of justice. For example, giving someone money to stay away from a trial or not be a witness, or to be a witness but to give false testimony, all may amount to obstruction of justice.
Paying or trying to pay a judge, a juror or a police officer is obstruction.
There does not have to be money involved. You may try to affect a court result by intimidating a witness through the threat of physical violence to him or to someone he loves. There is also a notorious British Columbia case
(Regina vs. Gill) where it was discovered a juror in Peter Gill’s murder trial was conducting an intimate relationship with him during his trial. The juror, Gillian Guess, was charged with obstruction, found guilty and sentenced to 18 months in jail.
You can also be charged for influencing the investigative stage of the judicial process.
Lying to a police officer about your name, address, your involvement in a case or the identity of someone else involved can lead to an obstruction charge. You may be able to invoke your Charter right to remain silent, but if you choose to speak on a matter under investigation, you cannot do so in a misleading manner.
Drinking and driving situations where the driver and passenger switch positions in the car before being pulled over or after an accident occurs may amount to obstruction of justice.
Tampering with, hiding or destroying evidence falls under obstruction. In the case against convicted killer Paul Bernardo, his first lawyer, Ken Murray, was charged because he went to Bernardo’s home to take videotapes that proved the charges, then withheld them from police and prosecutors. He kept the tapes for more than a year before the next defence lawyer ultimately gave them to authorities. While Murray was found not guilty, he chose a dangerous course when he altered the path of an ongoing police investigation.
Obstruction charges do not have to centre on such weighty matters. Taking a parking ticket off the windshield of someone else’s car and throwing it away can bring about an obstruction charge.
The basic principle is the same: the accused person is interfering with the proper course of an investigation or court proceeding.
In your son’s case, whether he’s guilty will depend entirely on what happened during his meeting with the police officer. If he went so far as to offer the officer a bribe to forget the ticket, or threatened him in some way, he is in big trouble.
It is also possible that there is a misunderstanding. You or your lawyer can request full disclosure of the crown’s case against your son to see what the officer alleges happened. You can then deal with it according. This is a serious charge and you should not take it lightly.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP.
He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
