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.