Administration of Justice Offence Lawyer In Toronto

Different Types of Administration of Justice Offences That We Defend Against

At Pyzer Criminal Lawyers, we have a wealth of experience defending against a wide range of administration of justice offences. These offences typically involve actions that obstruct or undermine the judicial process and can have serious legal consequences. Our experienced team is committed to protecting your rights and achieving the best possible outcome in your case.

Perjury

Perjury, governed by Section 131(1) of the Criminal Code of Canada, is a serious criminal offence. It strikes at the heart of the justice system because it can undermine its integrity and potentially lead to wrongful convictions or acquittals. It also erodes public confidence in the integrity of the legal process.

Perjury involves knowingly providing false information or making a false statement under oath with the intention of deceiving a judge or jury. It is not limited to courtroom testimony; it also applies to false statements made in affidavits or other sworn documents.

As an indictable offence, perjury carries severe penalties, including a maximum prison sentence of up to 14 years. The consequences of perjury can be far-reaching, potentially leading to wrongful convictions and a distortion of justice. This is not a charge to be taken lightly.

Assaulting a Peace Officer

Assaulting a peace officer is a criminal offence under Section 270(1) of the Criminal Code of Canada. A peace officer includes police officers, sheriffs, correctional officers, customs officers, public officers, and anyone lawfully assisting them in their duties. This offence covers three main situations: 

• assaulting an officer while they are performing their duties; 
• resisting arrest; and 
• preventing the execution of legal duties, such as seizing property or executing a warrant.

Assaulting a peace officer is a hybrid offence, meaning the Crown can choose to proceed either by indictment or summary conviction. If prosecuted as an indictable offence, the maximum penalty is five years in prison. If the assault involves causing bodily harm or is aggravated (resulting in serious injury), penalties can reach up to 10 years for causing bodily harm and up to 14 years for aggravated assault. As a summary conviction, the maximum penalty is six months in jail and/or a $5,000 fine.

Obstructing a Peace Officer

Obstructing a peace officer, outlined in Section 129 of the Criminal Code of Canada, is a serious offence that involves hindering or interfering with a peace officer performing lawful duties. This offence includes actions such as resisting or wilfully obstructing an officer, failing to assist an officer when required, or obstructing someone executing a legal process, like a lawful seizure.

Resisting or obstructing a peace officer can be prosecuted as either an indictable or summary conviction offence. . The maximum penalty for an indictable offence is up to two years imprisonment. For a summary conviction, penalties include a fine of up to $5,000 and/or six months in jail.

Obstruction of Justice

Obstruction of justice, defined under Section 139 of the Criminal Code of Canada, refers to any deliberate attempt to interfere with or undermine the judicial process. This broad offence includes actions such as tampering with witnesses, falsifying evidence, or attempting to influence legal proceedings.

Subsection 139(1) specifically addresses interference involving sureties, primarily focusing on indemnifying a surety, which means compensating them for the risk they take by pledging money or property to guarantee another person's court appearance. Broader acts of obstructing justice, covered under subsection 139(2), can involve attempts to pervert or defeat the course of justice in any way.

The penalties for obstruction of justice vary depending on how the Crown proceeds. If prosecuted as an indictable offence, the maximum penalty is up to 10 years imprisonment for offences under 139(2) and 2 years for offences under 139(1). As a summary conviction, the penalties are less severe but can still involve fines or jail time.

Criminal Contempt of Court

Criminal contempt of court occurs when an individual wilfully disrespects or disobeys a court order, undermining the authority of the judicial system. This offence can include actions such as refusing to answer questions as a witness, disrupting court proceedings, or ignoring a subpoena, or interfering with jurors or witnesses. 

Contempt of court is governed by Section 708(1) of the Criminal Code of Canada, which outlines penalties including fines of up to $100, imprisonment for up to 90 days, or both. The punishment is often at the discretion of the judge, depending on the severity of the offence.

Disobeying an Order of the Court

Disobeying a court order is a serious offence under Section 127(1) of the Criminal Code of Canada. This charge applies when an individual, without lawful excuse,  fails to comply with a lawful order issued by a judge or justice of the peace. This includes orders issued in both criminal and civil matters. Common examples include violating bail conditions, failing to appear for trial, violating a restraining order, or ignoring civil court orders.

Penalties for disobeying a court order depend on how the Crown proceeds. If charged as an indictable offence, the maximum penalty is two years imprisonment. Even in cases where the charge proceeds as a summary conviction, the consequences can still include fines or jail time.

Fabricating Evidence

Fabricating evidence is a serious offence under Section 137 of the Criminal Code of Canada. It involves creating or altering evidence with the intent to mislead the court or interfere with the justice process. This offence undermines the integrity of the judicial system and can lead to wrongful convictions or acquittals.

Unlike perjury, which involves giving false testimony under oath, fabricating evidence refers to manipulating physical or documentary evidence outside of sworn testimony. The Criminal Code treats fabricating evidence as an indictable offence, carrying a maximum penalty of up to 14 years imprisonment. Given the severity of these charges, experienced legal counsel is crucial in defending against this offence and ensuring a fair trial.

Failure to Comply with a Probation Order

Failure to comply with a probation order without reasonable excuse is an offence under Section 733.1 of the Criminal Code of Canada. Probation allows offenders to serve their sentence within the community, provided they adhere to specific conditions set by the court. These conditions may include reporting to a probation officer, attending counselling or avoiding certain activities or individuals.

Non-compliance with a probation order is taken seriously as it undermines the purpose of probation, which is to ensure public safety while allowing low-risk offenders to rehabilitate outside of prison. Penalties for failing to comply depend on how the Crown proceeds. If treated as an indictable offence, the maximum penalty is imprisonment for a term of not more than four years. If pursued as a summary conviction, the penalties can include a fine of up to $2,000 or up to 18 months in jail.

Resisting Arrest

Resisting arrest is an offence under Section 129 of the Criminal Code of Canada. This charge applies when an individual actively interferes with a peace officer’s lawful attempt to arrest them. Resisting arrest involves physical actions, as mere passive or uncooperative behaviour does not meet the legal threshold. This can also include other actions that actively obstruct the officer, such as:

• fleeing from the officer
• barricading yourself in a location
• verbally inciting others to interfere with the arrest.

The offence can be prosecuted as either an indictable or summary conviction. The maximum penalty for an indictable offence is up to two years imprisonment. If handled as a summary conviction, the penalties can include fines or a shorter jail sentence.

Unlawful Escape from Custody

Unlawful escape from custody, governed by Section 145 of the Criminal Code of Canada, occurs when an individual evades lawful detention. This offence includes breaking out of jail,  fleeing from police after being placed under arrest, or failing to attend court for sentencing after being released on an undertaking or recognizance.

The maximum penalty for being unlawfully at large is two years in prison. This sentence can be added to any remaining time from a previous conviction, potentially extending the individual’s total time in custody. If the offence includes violating parole conditions it often results in a return to custody and additional legal consequences.