Canadian Criminal Law/Offences/Obstructing Justice

Proof of the Offence
s. 139(1) - sureties
 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused either:
 * 5) "indemnif[ies] or agree[s] to indemnify a surety" in any way or
 * 6) "accept[s] or agree[s] to accept a fee or any form of indemnity" of a person released or to be released from custody
 * 7) the accused "wilfully attempts in any manner to obstruct, pervert or defeat the course of justice"
 * 8) the act is done in a "judicial proceeding"

s. 139(3) - obstructs, perverts or defeats
 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) there was an ongoing proceeding
 * 5) the accused did any act other than acts contemplated by s. 139(1), that has the risk of obstructing, perverting or defeating the course of justice (e.g. directly giving false evidence, or indirectly by threats or bribe)
 * 6) the accused intentionally did the act
 * 7) the accused knew or was wilfully blind to the consequence of his act in creating the risk

Interpretation
The actus reus of the offence of obstructing justice under s. 139 is the “act that has the tendency to defeat or obstruct the course of justice”.

The accused need only have only creates a risk that an injustice will occur.

The acts include an attempt to affect a police investigation

The mens rea of s. 139 requires a specific intent to do the act which would result in an obstruction of justice. It is not enough to merely prove an intention to do the act resulting in the obstruction without the intent to do so.

It is no defence that the actions were an error in judgment or a mistake.

However, it is a valid defence to do the act for some other purpose.

Consuming alcohol post-accident in order to thrwart and investigation into an impaired driving allegation has been found to amount to obstruction.

See also: R. v. Hearn, 1989 Carswell Nfld 99 (Nfld. C.A.) 1989 CanLII 266; R. v. Reynolds, 2011 Carswell Ont. 6911 (ONCA)2010 ONCA 576