Obstruction of Justice in Canada: Section 139 Explained

Obstruction of justice, or “obstructing justice”, covers any intentional attempt to obstruct, pervert or defeat the course of justice. The Criminal Code gives examples, such as using threats or bribes to stop a witness from testifying or to influence a juror, but the offence is broad: destroying or hiding evidence, asking someone to give police a false alibi, telling a complainant to drop charges in exchange for money, or giving police a false name to avoid an outstanding warrant can all lead to this charge. It is different from obstructing a peace officer (s. 129), which is about interfering with an officer doing their duty.

What the law says

Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction. (s. 139(2))

Section 139(3) adds that a person is deemed to obstruct justice who, in an existing or proposed judicial proceeding, dissuades or tries to dissuade a witness by threats, bribes or other corrupt means; influences or tries to influence a juror the same way; or accepts or seeks a bribe to not testify or to act a certain way as a juror. Section 139(1) separately covers indemnifying a bail surety, or a surety accepting a fee or indemnity from the person released.

What the Crown must prove

• An act that tends to obstruct, pervert or defeat the course of justice, in a judicial proceeding that exists or that the accused contemplated (including a police investigation that could lead to one);
• done intentionally, with the aim of obstructing justice.

It is an attempt offence: the Crown does not have to prove that justice was actually obstructed, only that the act was intended and had a tendency to do so.

Penalties

• Obstructing justice (s. 139(2) and (3)): hybrid; up to 10 years by indictment.
• Indemnifying a surety (s. 139(1)): hybrid; up to 2 years by indictment.
• On summary conviction: up to 2 years less a day and/or a fine of up to $5,000.

Interfering with witnesses or jurors is treated as particularly serious, and jail is common. Related offences include intimidation of a justice system participant (s. 423.1), perjury and public mischief.

Common defences

• No intent to obstruct: for example contacting a witness about an unrelated matter, or a complainant who freely chose not to cooperate.
• No tendency to obstruct: the act could not realistically affect a proceeding.
• Lawful conduct: declining to speak to police, exercising the right to silence or asking a lawyer for advice is not obstruction.
• Bail conditions: contacting a witness may also breach a no-contact order; the two charges are separate and have different elements.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

What counts as obstruction of justice in Canada?

Any intentional attempt to obstruct, pervert or defeat the course of justice, such as threatening or paying a witness not to testify, influencing a juror, destroying evidence or arranging a false alibi. It carries up to 10 years by indictment.

Is refusing to talk to police obstruction of justice?

No. You have a right to remain silent. Lying to police in a way meant to derail an investigation, or giving a false name to avoid arrest, can be charged, but staying silent cannot.

Is asking a victim to drop the charges obstruction of justice?

It can be, especially if it involves threats, money or other pressure. Any contact may also breach bail conditions. Only the Crown decides whether a charge goes ahead.

Related offences

• Obstructing a Peace Officer in Canada
• Perjury in Canada
• Public Mischief in Canada
• Intimidation of Justice Participants or Journalists
• Admin of Law & Justice Violations in Canada
• Fail to Comply With an Order

Sources

• Criminal Code, s. 139

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.