According to section 270(1)(a) of the Criminal Code of Canada, it is a criminal offence to Assault a Police Officer who is engaged in the execution of his or her duty.
Assaults on Police Officers (and prison guards) are treated seriously because they are considered an affront on the administration of justice.
To be liable under this section of the Code, an accused must, first, be found to have committed the lesser and included offence of common assault, combined with the knowledge that the subject of the assault is a police officer.
There are various defences that can be raised to this offence, including that the officer in question was not engaged in the execution of his or her duty. It is noteworthy, though, that even if an accused is found not guilty of the offence of Assault Police, s/he can be found guilty of the lesser offence of common Assault.
Regarding the potential punishments for the offence, there are no mandatory minimum penalties associated with this offence. Where the Crown proceeds by indictment, the maximum punishment is 5 years jail. Where the Crown proceeds by summary conviction, the maximum sentence is a $5,000 fine and/or 6 months custody.
Call (647) 878 – 6355 to speak to an Assault Police Lawyer and receive a free legal consultation.