Provincial Court

Decision Information

Decision Content

 

CASE NO.                                                      VOL. NO.                                           PAGE

 

IN THE PROVINCIAL COURT OF NOVA SCOTIA

[Cite as: R. v. Fraser, 2002NSPC006]

Between:                                 

Her Majesty the Queen

      and

Paul Garret Fraser

 

Judge A.P. Ross                                   Sydney, Nova Scotia                            ______________________________________________________________________________

LIBRARY SHEET

_______________________________________________________________________________

 

 

Heard:             At Sydney, Nova Scotia, on January 31, 2002

 

Decision:                    April 11, 2002

 

Subject:                       s. 129(a) Criminal Code - meaning of “obstruction” - “execution of duty”

 

Summary:                    The Defendant refused to leave the premises of the Department of Fisheries

and Oceans as a protest against its refusal to issue him a licence.  The police

were called.  The occupier directed the Defendant to leave.  Police repeated

the direction.  When Defendant refused he was arrested and charged with

obstruction of a police officer in the execution of his duty.  Upon and after

arrest the Defendant was peaceful and co-operative.

 

Issue:                          Was the direction to leave premises given by Police at the behest of the

occupier given in his capacity as a peace officer such that the Defendant’s

refusal to obey constituted obstruction of a peace officer in the execution

of duty?

 

Result:                        Defendant found not guilty.  While police possessed a valid arrest power

under the Protection of Property Act, their direction did not convert an

infraction of the Protection of Property Act into a criminal charge of                               obstruction.  Any duty to obey was owed to the occupier, not to the police                                   officer qua peace officer.  Mere commission of an offence is not obstruction                              of police per se.

 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.  QUOTES  MUST BE FROM THE DECISION, NOT THIS COVER SHEET. 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.