In British Columbia, several arrests have sparked public debate in recent years about how police actions and suspect responses intersect under Canadian law. What happens in those charged moments between an arresting officer and a person being taken into custody is often messy, sometimes violent, and almost always legally consequential.
In 202, a Vancouver man was violently tackled and bitten by a police dog after allegedly stealing a police cruiser. He was later charged with theft and resisting arrest, but bystander video raised public concern about whether the use of force was proportionate. It also brought into question what counts as “resistance” when the arrest itself is forceful from the start.
In a separate case involving the Burns Lake RCMP detachment, a woman sustained a broken leg during a takedown by officers. Although police claimed she resisted, the Independent Investigations Office of B.C. launched a review to determine if the officers’ conduct was lawful. And in a high-profile 2017 arrest, Jamiel Moore-Williams was Tasered multiple times and struck repeatedly during a mistaken identity stop. That arrest eventually led to criminal charges—not against Moore-Williams, but against the officers involved.
These cases reflect persistent legal and public tensions: What exactly does it mean to resist arrest? When does police force cross the line into unlawful conduct? Can you question an officer’s commands without committing a crime? What if the arrest turns out to be unlawful? What rights do you actually have in those moments? These questions carry weight—because even a single charge of resisting arrest can add serious complexity to a criminal file, especially when combined with other charges.
In the sections that follow, we’ll explain how Section 129 of the Criminal Code defines resisting arrest, and what the legal consequences are.
If you’re facing a resisting arrest charge or simply want to better understand your rights when interacting with police, this guide will provide a legally informed overview.
What Does the Criminal Code Say About Resisting Arrest?
The offence of resisting arrest is set out under Section 129, which states:
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 a term not exceeding two years, or
- (e) an offence punishable on summary conviction.
Active physical resistance, verbal obstruction, or simply failing to comply with a peace officer’s instructions during a lawful arrest can all fall under this offence. The term “lawful execution” is key—resistance only becomes a criminal offence when the officer is acting within their legal rights.
While individuals do not have a general right to resist, an experienced criminal defence lawyer may be able to challenge whether the arrest was legal in the first place.
How Long Does Probation Last?
The maximum term is three years. Many orders are shorter, but the duration depends entirely on the circumstances surrounding the offence, the person’s background, and the sentencing judge’s view of what is necessary for accountability and public safety.
In some cases, probation is ordered following a discharge. In others, it’s layered on top of a sentence that’s partially served in custody. And yes, a second probation order can be issued if a person reoffends and is sentenced again.
While probation is an alternative to incarceration, it can quickly become a multi-year legal obligation with serious consequences.
What Are the Penalties for Resisting Arrest?
Resisting arrest is a hybrid offence, meaning the Crown can proceed by summary conviction or indictment, depending on the severity of the circumstances and the accused’s criminal history.
- If prosecuted by summary conviction, the penalties can include imprisonment for a term not exceeding two years, fines, or both.
- If the Crown proceeds by indictment, the accused could face up to three years in prison.
Importantly, these penalties can be in addition to the original offence that led to the arrest. For example, someone charged with impaired driving who resists arrest may now be facing two separate charges.
Can I Be Charged If I Didn’t Fight Back?
Yes. Many people are surprised to learn that physical violence isn’t necessary for resisting arrest charges. The language in the Criminal Code includes terms like “wilfully obstructs,” which covers a range of non-compliant behaviour.
It’s also important to remember that even if the arresting police officer uses significant force, this does not automatically give you the right to resist. However, your lawyer can review the circumstances to determine if the officer exceeded their lawful duty or violated your Charter rights.
What if I Believed the Arrest Was Unlawful?
What do you do if you believe that you are being unlawfully arrested? This can be a complicated matter. It is lawful for you to resist an unlawful arrest, but any confrontation with the police can turn physical and carry the potential for very serious injury. If you are wrong about the arrest being lawful, then you are committing a criminal offence. It is best to comply with any reasonable requests from a police officer, such as allowing yourself to be handcuffed.
If you were mistakenly identified, for example, your lawyer could potentially challenge the charge based on a lack of lawful authority. But that’s an argument to be made in court, not during the arrest itself.
What Are the Long-Term Consequences of a Conviction?
Even if you avoid jail time, a conviction for resisting arrest becomes part of your criminal record. This can affect your ability to travel, secure employment, apply for volunteer positions, or sponsor your family for immigration. If you’re already under bail conditions, such a conviction can be used by the Crown to argue against your release in future hearings.
Being seen as someone who interferes with public or peace officer duties may also suggest to the courts that you’re at higher risk of reoffending or failing to comply with court orders.
