Resisting or wilfully obstructing a peace officer in the execution of their duty is charged under section 129 of the Criminal Code, while applying force to resist a lawful arrest is charged under section 270 (assaulting a peace officer). Both are hybrid offences. Resisting arrest requires active physical resistance, not simply being uncooperative, arguing, or refusing to answer questions — courts have held that mere passive non-compliance generally does not meet the legal threshold.
- Resisting or obstructing a peace officer under section 129 requires more than being uncooperative — courts require active resistance.
- Applying force to resist a lawful arrest is a separate, more serious charge under section 270 (assaulting a peace officer).
- Both charges are hybrid offences, meaning the Crown can proceed summarily or by indictment depending on severity.
- These charges frequently accompany other charges arising from the same incident, such as the original arrest-triggering offence.
- Whether the arrest itself was lawful is often central to the defence — an unlawful arrest can undercut these charges entirely.
- Simply refusing to answer questions or declining to identify yourself is generally not, on its own, obstruction.
The Two Charges
Two related but distinct charges commonly arise from a confrontation with police. Section 129 of the Criminal Code makes it an offence to resist or wilfully obstruct a peace officer, or someone assisting one, in the lawful execution of their duty. Section 270 covers assaulting a peace officer — applying force, or attempting or threatening to apply force, including resisting a lawful arrest by force. The two are often charged together when an incident escalates.
What Actually Counts as Resisting
A common misunderstanding is that being difficult, arguing, or simply not cooperating amounts to resisting arrest. Courts have consistently held that the offence requires more than passive non-compliance — it requires an active act of resistance, such as pulling away, bracing against an officer, or otherwise physically impeding the arrest. Verbal pushback, confusion, or even refusing to voluntarily extend your hands is not automatically resisting in the legal sense.
A person who tenses up and asks "why am I being arrested?" while being handcuffed is behaving very differently, in law, from someone who pulls their arm away and attempts to walk off. The first is unlikely to meet the threshold for resisting arrest; the second likely does.
Was the Arrest Lawful?
Because both charges depend on the officer acting in the lawful execution of their duty, whether the underlying arrest or detention was itself lawful is often central to the case. If police lacked grounds for the arrest, or exceeded their lawful authority during it, this can undercut a resisting or obstruction charge entirely — a genuinely contested legal question that frequently turns on the specific facts of the encounter.
Penalties
Both section 129 and section 270 are hybrid offences, meaning the Crown can elect to proceed by summary conviction or by indictment depending on the seriousness of the conduct involved. The indictable route carries a significantly higher maximum than the summary route. Actual sentencing varies enormously based on whether force was used, whether anyone was injured, and the accused’s record.
If you believe you were arrested without lawful grounds, write down everything you remember about the encounter as soon as possible — what you were told, what was said, and the sequence of events. Memory of these fast-moving encounters fades quickly, and details matter.
Charges That Often Come Together
Resisting arrest or obstruction rarely appears alone. It typically accompanies whatever offence triggered the original arrest, and sometimes an assault-related charge if the confrontation involved physical contact beyond simple resistance. See our guide on what happens after an arrest in Ontario for the broader process these charges get caught up in.
Defences
Beyond challenging the lawfulness of the arrest itself, defences often focus on whether the Crown’s evidence actually shows active resistance rather than mere non-cooperation, and whether any force used was proportionate self-protection rather than an assault — see our guide on self-defence to criminal charges in Ontario for how that defence can apply in a confrontation with police.
Charged with resisting arrest or obstructing police in Toronto or the GTA? Call 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
No. Being rude, arguing, or declining to answer questions is not itself a crime. Resisting or obstructing a peace officer under section 129 generally requires active physical resistance or a positive act that actually hinders the officer’s duties, not mere unhelpfulness.
Both fall under section 129, which covers resisting or wilfully obstructing a peace officer in the execution of their duty. "Resisting" typically refers to physically resisting an arrest specifically, while "obstructing" is broader and can cover interfering with an officer’s duties in other ways, such as providing false information.
Section 270 criminalizes applying force to a peace officer, or attempting or threatening to do so, while they are engaged in their duties — including resisting a lawful arrest using force. This is treated more seriously than simple resistance under section 129 because it involves actual or threatened force against the officer.
This is a key defence. If the underlying arrest was not lawful, resisting it may not constitute the offence, since the charge depends on the officer acting in the lawful execution of their duty. Whether an arrest was lawful can be a genuinely contested legal question.
Generally, outside of specific situations such as being lawfully detained while driving, you are not required to identify yourself or answer questions simply because police ask. Declining to do so is not, by itself, obstruction, though the specific circumstances matter.
Often, yes. Resisting arrest or obstruction charges frequently accompany whatever charge triggered the arrest in the first place, and sometimes assault-related charges as well, since these incidents tend to escalate together.