Obstruct Justice
Facing an obstructing justice charge can have serious consequences for your freedom, reputation, employment, and future. Allegations involving interference with a police investigation, evidence, witnesses, or a court proceeding should be taken seriously from the beginning.
Obstruct Justice Defence in Brampton & Peel Region
At Batish Law, we provide strategic criminal defence for people facing obstruction of justice allegations in Brampton, Mississauga, and the surrounding GTA. We review the exact charge, the alleged conduct, the available disclosure, and the circumstances in which the investigation occurred before advising you on your defence options.
An allegation is not the same as a conviction. We work to protect your rights, challenge the prosecution's case where appropriate, and pursue the resolution that best fits the facts of your matter.
Batish Law Defence Team
Our Peel Region criminal defence practice defends clients against obstruction of justice, Other Criminal Charges, and court-related allegations across Brampton, Mississauga, and the GTA.
What Is Obstruction of Justice?
Under section 139 of the Criminal Code, obstructing justice generally involves intentionally attempting to obstruct, pervert, or defeat the course of justice. The provision covers different forms of conduct, including certain conduct involving judicial proceedings and attempts to improperly influence witnesses or jurors.
Section 139(2) provides that a person who intentionally attempts, other than conduct described in subsection 139(1), to obstruct, pervert, or defeat the course of justice can face an indictable charge carrying a maximum sentence of 10 years' imprisonment, or an offence punishable on summary conviction. The precise charge and potential consequences depend on the circumstances and the subsection relied upon by the prosecution.
Because the legal definition is broad and fact-specific, the exact wording of the charge and the evidence supporting it matter. We examine those details rather than treating every obstruction allegation the same way.
Common Obstruction of Justice Allegations
Obstruction-related allegations can arise from many different circumstances. Depending on the case, the prosecution may allege conduct such as:
Interfering with a police investigation.
Attempting to conceal, alter, destroy, or otherwise interfere with evidence.
Providing information or taking steps intended to mislead an investigation or legal proceeding.
Attempting to influence or discourage a witness from giving evidence.
Using threats, bribes, or other corrupt means to affect a person's participation in a judicial proceeding.
Attempting to interfere with the administration of justice in another intentional way covered by section 139.
The fact that conduct affected an investigation does not, by itself, determine criminal liability. The prosecution must prove the applicable elements of the offence. We examine what was actually said or done, the surrounding circumstances, the evidence, and the alleged intention.
Obstruction of Justice vs. Other Criminal Charges
Obstruction allegations can overlap with Other Criminal Charges, depending on the conduct alleged. For example, an investigation may involve allegations concerning evidence, threats, false information, witness interference, or other conduct. The correct legal analysis depends on the particular charge and facts.
We assess whether the evidence actually supports the charge laid and whether other legal issues affect the prosecution's case. This is one reason it is important to have the disclosure and charge reviewed by a criminal defence lawyer in Brampton.
What Does the Crown Need to Prove?
The elements the Crown must prove depend on the specific subsection of section 139 charged and the factual theory of the prosecution. In general, an obstruction case can turn on whether the accused intentionally engaged in conduct that falls within the offence and whether the prosecution can prove the required mental element and other elements beyond a reasonable doubt.
The exact wording of the Information or Indictment, the evidence, and the applicable law must be reviewed before determining what the Crown is required to prove in an individual case.
Potential Defence Issues We May Examine
Every obstruction case requires a fact-specific defence analysis. Depending on the circumstances, we may examine:
Offence Scope & Statutory Definition
Whether the alleged conduct falls within the offence charged under the Criminal Code.
Required Intent & Mens Rea
Whether the prosecution can prove the required intent or mental element beyond a reasonable doubt.
Reliability of What Occurred
Whether the evidence reliably establishes what was actually said, written, or done.
Witness Credibility & Inconsistencies
Whether witness accounts contain contradictions, memory gaps, biases, or credibility concerns.
Context & Misunderstanding
Whether the accused's conduct has been misunderstood, misrepresented, or taken completely out of context.
Charter Rights Compliance
Whether the police investigation complied with the accused's Charter rights from the initial interaction.
Unlawful Searches & Detentions
Whether evidence was obtained through an unlawful search, seizure, detention, interrogation, or rights violation.
Proof Beyond Reasonable Doubt
Whether the prosecution's evidence is sufficient to establish guilt beyond a reasonable doubt on each element.
Why Disclosure Matters in an Obstruction Case
The prosecution's disclosure can reveal how investigators interpreted the alleged conduct and what evidence they intend to rely on. Depending on the case, disclosure may include police notes, statements, recordings, messages, photographs, documents, surveillance material, or other evidence.
We review the disclosure carefully to identify inconsistencies, gaps, evidentiary problems, and issues with the prosecution's theory. Where appropriate, we use those findings to negotiate with the Crown or prepare the matter for trial.
Potential Consequences of an Obstruct Justice Conviction
An obstruction of justice conviction can have serious consequences. Depending on the specific charge and circumstances, consequences may include a criminal record, a custodial sentence, probation, fines or other sentencing outcomes, and collateral effects on employment, travel, professional licensing, immigration status, or family matters.
For certain conduct under section 139(2), the Criminal Code provides for an indictable maximum of 10 years' imprisonment. That is a maximum penalty, not a prediction of the sentence a particular person will receive. The outcome depends on the charge, circumstances, criminal record, aggravating and mitigating factors, and applicable sentencing law.
How We Defend Obstruction of Justice Charges
At Batish Law, we take a strategic and evidence-focused approach. We begin by understanding the allegation and the circumstances that led to the charge.
What Should You Do If You Are Accused of Obstructing Justice?
If you have been arrested, charged, or contacted by police about a suspected obstruction offence, obtain legal advice promptly. Early decisions can affect how the investigation and prosecution develop.
Obstruct Justice Defence in Brampton and Mississauga
We represent clients facing criminal allegations in Brampton, Mississauga, and surrounding GTA communities. If you are facing an obstruction of justice charge, we can review the allegation, explain the legal process, and discuss the defence options available in your circumstances.
Contact Batish Law to arrange a confidential consultation.
Frequently Asked Questions About Obstruct Justice Charges
Common legal inquiries regarding section 139 Criminal Code allegations in Ontario.
Facing an Obstruction of Justice Charge? Speak With a Criminal Defence Lawyer.
Do not leave a serious criminal allegation to chance. We can review your charge, examine the evidence, explain your options, and develop a defence strategy based on your circumstances.
Call 1-888-959-2499 or contact Batish Law to schedule a confidential consultation.
