If you destroy evidence-such as swallowing drugs, deleting computer files, or burning clothing-during a police investigation, you can be charged with Obstructing Justice under Section 139 of the Criminal Code. This is a serious indictable offence that carries a maximum penalty of 10 years in federal prison. You should never attempt to outsmart the RCMP or local police; invoke your right to silence and contact a lawyer instead.
Panic is a natural human reaction when confronted by law enforcement. 💼 If the police execute a search warrant at your home in Vancouver, pull you over on the highway in Alberta, or raid your business in Toronto, the immediate instinct for many is to hide or destroy anything incriminating. Whether it is flushing illicit substances down a toilet or frantically wiping a hard drive, taking these actions turns a bad situation into a legal nightmare.
In Canada, the justice system relies entirely on the preservation of evidence to uncover the truth. When you actively attempt to derail an investigation by destroying evidence, the Crown Prosecutor views it as an attack on the administration of justice itself. Obstructing justice is often punished more severely than the underlying crime you were trying to hide. Even if the police never prove the original offence (like drug possession or fraud), you can still face a devastating federal penitentiary sentence for the obstruction alone. If you are facing these charges, finding a skilled criminal defence lawyer in our directory is your top priority.
Step-by-Step Process in Canada
When you are accused of destroying evidence, the legal process is heavily focused on proving your intent. 📍 The police must prove that you knew an investigation was occurring and that your actions were deliberate. Here is how an obstruction case typically proceeds through the Canadian courts.
Step 1: The Act and Immediate Arrest
The incident usually occurs in the heat of the moment. If an officer watches you swallow a bag of drugs, or digital forensics later proves you ran wiping software minutes before a raid, you will be arrested. You will likely face two sets of charges: the original suspected offence (e.g., possession for the purpose of trafficking) and the new indictable offence of Obstructing Justice.
Step 2: Bail Hearing and Conditions
Because obstructing justice involves interfering with police, securing bail can be complicated. 🏢 The Crown may argue that you cannot be trusted to follow court orders since you have already tried to subvert the law. Your defence lawyer will fight for your release at the local provincial court. If granted bail, you will likely face strict conditions, including surrendering your electronic devices or a ban on contacting co-accused individuals.
Step 3: Reviewing the Crown Disclosure
Your law firm will receive all the evidence the police have against you. This is where many obstruction cases are won or lost. Your lawyer will look for constitutional breaches. Did the police have a legal right to stop you in the first place? If the initial search was a violation of your Charter rights, the subsequent obstruction charge might be thrown out by the judge.
Step 4: Building the Defence
To secure a conviction, the Crown must prove “mens rea” (a guilty mind). 🔍 Your lawyer may argue that you did not know the police were investigating you when you deleted the files, or that you threw away the clothing for an entirely innocent reason. The Crown must prove beyond a reasonable doubt that your specific intent was to defeat the course of justice.
Step 5: Trial or Resolution
You and your lawyer will decide whether to negotiate a plea deal or take the case to trial. Depending on the severity of the obstruction, you may elect to be tried in the provincial court or elevate the matter to the Superior Court of Justice / Court of King’s Bench. Often, skilled lawyers can negotiate with the Crown to drop the obstruction charge in exchange for a guilty plea on a lesser, summary conviction offence.
How Much Does it Cost in Canada?
Fighting an obstruction charge requires careful legal maneuvering and often involves digital forensics or medical evidence. 💰 This makes the legal defence a significant financial investment. Here are the typical costs in CAD:
- Bail Hearing Representation: Usually ranges from $2,000 to $5,000.
- Pre-Trial Negotiations: Reviewing disclosure and negotiating with the Crown Prosecutor often costs $5,000 to $10,000.
- Full Trial Defence: If the case proceeds to a multi-day trial, expect legal fees between $15,000 and $35,000+.
| Offence Type | Maximum Penalty | Typical Legal Fees (CAD) |
|---|---|---|
| Obstructing Justice (Section 139) | 10 Years Federal Prison | $15,000 – $35,000 |
| Obstructing a Peace Officer (Section 129) | 2 Years Prison | $5,000 – $15,000 |
| Fabricating Evidence (Section 137) | 14 Years Federal Prison | $20,000 – $50,000 |
How Long Does the Process Take?
The timeline for a criminal trial depends heavily on the court’s backlog in your specific city. 🕒 Initial disclosure from the police usually takes 1 to 3 months to arrive. Pre-trial meetings with the Crown Prosecutor will consume another 4 to 8 months. If you choose to fight the charges at a formal trial in the Superior Court, it is very common for the entire process to take 12 to 24 months from the date of your arrest to the final verdict.
Frequently Asked Questions (FAQ)
Is it still obstruction if I swallowed the drugs before police saw me?
Yes. If you swallowed evidence specifically because you knew the police were approaching or executing a search warrant, you can be charged. Even if the police never visually confirm what you swallowed, medical tests or circumstantial evidence can be used to prove you destroyed evidence to avoid drug charges.
What is the difference between Obstructing Justice and Obstructing Police?
Obstructing a Peace Officer (Section 129) usually refers to physical resistance or lying about your name during an active arrest, carrying a lesser 2-year maximum penalty. Obstructing Justice (Section 139) is a much broader, more serious indictable offence that involves corrupting the judicial process itself, such as destroying evidence or bribing witnesses, carrying a 10-year maximum penalty.
Can the RCMP recover deleted computer files?
Yes, frequently. The RCMP and local police forces have highly advanced technological crime units. Simply dragging files to the trash bin or formatting a drive does not permanently erase the data. If they recover the files, they will use them as evidence of both the original crime and your attempt to obstruct justice.
What if I told a friend to hide the evidence for me?
Directing someone else to destroy or conceal evidence makes you a party to the offence. Both you and your friend can be charged with Obstructing Justice. Furthermore, if you offer them money to do it, you could face additional charges for counseling the commission of an indictable offence.
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