How to Defend Yourself Against a Resisting Arrest Charge in Canada

In Canada, defending yourself against a resisting arrest charge requires a clear understanding of the laws and the methods to avoid such legal issues. This article explores the nuances of resisting arrest and offers advice on how to handle situations involving law enforcement to prevent facing charges.

Understanding the Legal Framework

Contrary to popular belief, resisting a lawful arrest does not automatically justify charges. Section 10(1) of the Criminal Code specifically states that simply resisting an arrest is not a criminal offence. However, the offense can occur if the arrest is unlawful or if the person resists in a manner that goes beyond the necessary level of physical force required to comply with the law.

For arrests to be lawful, the officer must have a genuine and valid cause to believe that such an arrest is necessary and legitimate. This means that an officer’s "good faith" belief is not a sufficient ground for justifying an arrest if there was no actual basis for it. Therefore, it is crucial to ensure that the police have a valid warrant or that the crime committed justifies the arrest.

The Best Defense Against Resisting Arrest Charges

The primary defense against a resisting arrest charge lies in avoiding such behavior in the first place. Complying with the officer's instructions and not using physical force or violent resistance is the most effective strategy.

As noted by legal experts, the best approach is to consent to the arrest without any form of resistance. Compliance with the officer's commands not only prevents unnecessary escalation but also avoids providing any evidence that could be used against you.

Video Surveillance and Proof of Non-Resistance

Given the technological advancements, video surveillance has become a significant factor in modern-day law enforcement. CCTV cameras, body cameras, and dashboard cameras can capture every moment of an arrest, making it extremely challenging to dispute these recordings.

Video evidence is often irrefutable. If you are seen by a camera engaged in physical resistance during an arrest, it is virtually impossible to contest this evidence. These videos can serve as clear proof that you did indeed resist arrest, which could lead to charges being brought against you.

Requirements for a Valid Defense

While avoiding resistance is the ideal scenario, if you have already been charged with resisting arrest, gathering evidence to support your defense is crucial. This may include:

Witness Testimonies: Seek out any witnesses who can corroborate your actions or explain the circumstances. Expert Testimony: Consider expert testimony from legal professionals who can provide insights into the legal aspects of the arrest. Video Evidence: Collect any video evidence, such as from body cameras, that can support your claim of non-resistance.

However, it is important to note that the Supreme Court of Canada has clearly stated that citizens cannot resist an arrest or search, even if they believe the arrest or search to be illegal. This is because the courts exist to address such concerns and not individual citizens.

Seek Professional Representation and Self-Reflection

Another critical step in defending yourself against a resisting arrest charge is to seek professional legal representation. A lawyer can provide valuable guidance and represent your interests in court.

Reflect deeply on your actions during the arrest. If you did resist, take responsibility for your behavior. If you did not resist, understand why this additional charge was added to your case. Often, such charges are added to increase the likelihood of a plea deal.

Remember, plea bargaining is a common practice in criminal cases, and even if you are innocent, the potential legal and financial costs of a trial can be significant. It is often more practical to accept a plea deal, which may include less severe penalties, rather than risking a more substantial outcome in court.

Conclusion

Defending yourself against a resisting arrest charge in Canada requires a combination of understanding the legal framework, avoiding unnecessary resistance, and seeking professional legal representation. By adhering to these guidelines, you can better navigate the complexities of such legal situations and protect your rights.