What Is Resisting? Meaning, Legal Definition, and Resisting Arrest in Canada

The word resisting generally means opposing, refusing to accept, or attempting to prevent something from happening. It can describe everyday situations, such as resisting pressure, resisting change, or resisting temptation. However, in criminal law, resisting can have a much more serious meaning, particularly when someone is accused of resisting arrest or obstructing a police officer.

In Canada, resisting police action may lead to criminal charges depending on the circumstances, the person’s conduct, the officer’s authority, and whether the individual used force or intentionally interfered with an officer performing their duties.

Understanding what resisting means in law is important because not every disagreement with police, refusal to answer a question, or failure to cooperate automatically constitutes a criminal offence.

This guide explains the meaning of resisting, its different forms, how resisting arrest is treated under Canadian law, possible legal consequences, and when speaking with a criminal defence lawyer may help protect your rights.

What Is Resisting? Definition and Meaning

Resisting means actively or passively opposing something, refusing to comply with an instruction, or attempting to prevent an action from taking place.

The general definition of resisting is the act of opposing, fighting against, or refusing to accept an action, force, authority, or influence.

For example:

• Resisting pressure means refusing to give in to external demands.

• Resisting change means opposing a new situation or development.

• Resisting authority means challenging or refusing to follow someone else’s instructions.

• Resisting arrest means opposing an attempt by law enforcement to take someone into custody.

Resisting Meaning in English

In English, resisting is the present participle of the verb resist. It describes an ongoing action of opposition or refusal.

Resist definition: To oppose, withstand, prevent, or refuse to accept something.

Resisting synonyms include:

• Opposing

• Defying

• Refusing

• Withstanding

• Fighting against

• Challenging

• Obstructing

• Rejecting

• Resisting pressure

Resisting antonyms include:

• Accepting

• Agreeing

• Complying

• Cooperating

• Surrendering

• Submitting

• Yielding

Difference Between Resist, Resisting, and Resistance

These three terms are related but have different grammatical uses.

What Does Resisting Mean in Law?

In legal terminology, resisting refers to conduct that opposes, interferes with, or prevents another person from lawfully exercising their authority or carrying out a legal duty.

The meaning depends on the applicable law and the specific circumstances.

In Canadian criminal law, conduct involving resistance to a police officer may fall under provisions addressing obstruction of a peace officer or assaulting a peace officer.

Importantly, simply questioning an officer, disagreeing with an instruction, or asserting your legal rights does not automatically amount to resisting a police officer.

The prosecution must establish the required elements of the particular offence beyond a reasonable doubt.

What Is Resisting in Criminal Law?

Resisting in criminal law can involve different types of conduct, including:

• Physically struggling against an officer attempting a lawful arrest.

• Intentionally preventing an officer from performing their duties.

• Interfering with an investigation.

• Using force against a police officer.

• Deliberately obstructing a lawful police operation.

However, the legal classification depends on the exact conduct, the officer’s authority, and the relevant Criminal Code provision.

What Is Resisting Arrest in Canada?

Resisting arrest occurs when a person opposes or interferes with an attempt by a police officer to arrest or detain them.

In Canada, section 129(a) of the Criminal Code makes it an offence to resist or wilfully obstruct a public officer or peace officer in the execution of their duties.

Examples of conduct that may lead to a resisting arrest investigation include:

• Physically struggling with an officer during an arrest.

• Pulling away or attempting to escape while an officer is lawfully arresting someone.

• Intentionally interfering with an officer’s attempt to take someone into custody.

• Preventing an officer from carrying out a lawful duty.

• Deliberately obstructing police during an investigation.

Resisting Police vs. Resisting an Officer

These expressions are often used interchangeably, but their legal meaning depends on the circumstances.

Resisting police generally describes opposing police action, while resisting an officer refers to conduct that interferes with an officer performing an authorized duty.

Not every interaction involving disagreement or noncompliance amounts to a criminal offence. The prosecution must prove the legal elements of the charge.

Examples of Resisting Arrest

Consider these situations:

Example 1: Physical resistance

A police officer informs someone that they are under arrest. The individual physically struggles and attempts to prevent the officer from taking them into custody. Depending on the circumstances, this conduct may result in an obstruction or assault-related charge.

Example 2: Verbal disagreement

A person tells an officer that they disagree with the arrest and asks why they are being detained. Disagreeing verbally or asking questions does not automatically constitute resisting arrest.

Example 3: Interfering with an arrest

A third person deliberately prevents police from arresting someone by physically interfering with the officer. This conduct may also result in an obstruction-related investigation.

These examples demonstrate why context matters when determining whether conduct amounts to unlawful resistance.

What Are Resisting Arrest Charges Under Canadian Law?

Canadian law distinguishes between resisting or obstructing a peace officer and assaulting a peace officer.

Section 129 of the Criminal Code: Resisting or Obstructing

Section 129 addresses resisting or wilfully obstructing a public officer or peace officer in the execution of their duties.

The offence can be prosecuted as either:

• An indictable offence, punishable by up to two years of imprisonment.

• An offence punishable on summary conviction.

The applicable procedure and potential consequences depend on the circumstances and the Crown’s decision.

Section 270: Assaulting a Peace Officer

Section 270 addresses assaulting a peace officer engaged in their duties, as well as assaulting someone with the intention of resisting or preventing a lawful arrest or detention.

The maximum punishment is five years’ imprisonment if prosecuted by indictment, or the applicable summary-conviction penalty.

This distinction is important because physical resistance does not automatically mean that every case involves assault. The specific allegations and evidence determine which offence may apply.

Can You Be Charged for Resisting Police?

Yes. A person may face criminal charges if their conduct meets the requirements of an offence under the Canadian Criminal Code.

However, several important factors must be considered:

1. Officer’s authority: Was the officer acting within their lawful duties?

2. Nature of resistance: Did the person physically resist, intentionally obstruct, or interfere with police activity?

3. Intent: Did the conduct meet the required mental element of the alleged offence?

4. Available evidence: Are there witness statements, police reports, photographs, or video recordings supporting the allegations?

5. Surrounding circumstances: What happened before, during, and after the incident?

A criminal charge is an allegation, not proof of guilt. The Crown must establish guilt beyond a reasonable doubt.

Can You Legally Resist an Unlawful Arrest?

The legality of an arrest can be an important issue in a resisting arrest case.

Police officers must have lawful authority to arrest or detain someone. Their actions must comply with applicable legislation and constitutional protections.

Section 25 of the Criminal Code provides legal protection for people acting under lawful authority, provided they act on reasonable grounds and use only as much force as is necessary for the purpose.

However, whether an arrest was lawful and whether a person was legally justified in using force are separate legal questions.

Someone who believes an arrest is unlawful should avoid escalating the situation and seek legal advice as soon as possible. A criminal defence lawyer can assess whether the arrest, detention, or police conduct raises a valid legal issue.

What Are the Different Types of Resisting?

The word resisting has several meanings outside criminal law. Understanding these differences helps distinguish ordinary opposition from conduct that may have legal consequences.

1. Physical Resistance

Physical resistance involves using bodily force to oppose an action, person, or external force.

Examples include pushing, pulling away, struggling, or physically preventing someone from carrying out an action.

2. Verbal Resistance

Verbal resistance involves expressing disagreement, refusing a demand, or challenging an instruction through spoken communication.

For example, someone may verbally object to an authority figure’s decision without physically interfering.

3. Passive Resistance

Passive resistance involves opposing something without directly using physical force.

Examples include peaceful demonstrations, refusing to participate in an activity, or nonviolent civil resistance.

4. Active Resistance

Active resistance involves taking deliberate action to oppose or prevent something from happening.

It may involve physical, verbal, or organized actions depending on the situation.

5. Psychological and Emotional Resistance

Psychological resistance refers to mental opposition to an idea, behaviour, decision, or situation.

Emotional resistance may occur when someone refuses to accept difficult feelings, personal changes, or uncomfortable circumstances.

6. Social and Political Resistance

Social resistance involves opposing established practices, social expectations, or policies.

Political resistance refers to organized opposition to government decisions, political authority, or particular laws.

What Does Resisting Mean in Psychology and Relationships?

In psychology, resisting can describe a person’s reluctance to accept change, confront difficult emotions, or modify established behaviours.

For example, someone may resist change because they fear uncertainty or losing control.

In relationships, resisting may involve refusing to accept a partner’s influence, avoiding emotional conversations, or opposing certain expectations.

Resisting pressure can sometimes reflect healthy boundaries, self-control, and determination. However, emotional resistance may also prevent people from addressing important relationship problems.

These meanings are different from resisting in criminal law and should not automatically be treated as criminal conduct.

Resisting vs. Refusing: What Is the Difference?

Although resisting and refusing are related, they are not identical.

For example, refusing to answer a question and physically obstructing a police officer are two different situations. Their legal implications must be assessed separately.

What Should You Do If Charged With Resisting Arrest?

Facing a resisting arrest or obstructing a peace officer charge can be stressful. A criminal conviction may affect your employment, reputation, travel opportunities, and future legal circumstances.

Consider taking these steps:

1. Understand the charge: Obtain information about the specific Criminal Code provision involved.

2. Preserve evidence: Keep relevant messages, photographs, videos, and witness information.

3. Avoid discussing the incident publicly: Do not post detailed explanations or assumptions about the case on social media.

4. Follow court requirements: Attend scheduled court appearances and comply with applicable release conditions.

5. Seek legal representation: Speak with a criminal defence lawyer who can evaluate the evidence and explain your available options.

How Can a Criminal Defence Lawyer Help?

A criminal defence lawyer can examine whether police acted within their legal authority, assess the circumstances surrounding the alleged resistance, review available evidence, and identify potential weaknesses in the prosecution’s case.

At Saggi Law Firm, legal representation can help individuals understand their charges, protect their rights, and navigate the Canadian criminal justice system.

Depending on the facts, possible defence issues may include:

• Whether the officer was lawfully performing their duties.

• Whether the accused intentionally obstructed or resisted the officer.

• Whether the evidence supports the allegations.

• Whether the accused’s Charter rights were violated.

• Whether the prosecution can establish every element of the offence beyond a reasonable doubt.

Every criminal case is different, and no particular outcome can be guaranteed.

Frequently Asked Questions About Resisting

1. What is resisting in simple words?

Resisting means opposing, fighting against, or refusing to accept something. In legal situations, it can refer to interfering with someone exercising lawful authority.

2. Is resisting arrest a crime in Canada?

Resisting or wilfully obstructing a peace officer may constitute an offence under section 129(a) of Canada’s Criminal Code. Assaulting an officer or assaulting someone to prevent a lawful arrest may fall under section 270.

3. What happens when someone resists arrest?

Depending on the circumstances, police may investigate and lay charges. The accused may have to attend court, where the prosecution must prove the alleged offence beyond a reasonable doubt.

4. Can verbal resistance result in criminal charges?

Simply disagreeing with police, asking questions, or expressing an objection does not automatically constitute a criminal offence. The specific words, conduct, and surrounding circumstances matter.

5. What are common synonyms for resisting?

Common resisting synonyms include opposing, refusing, defying, obstructing, challenging, withstanding, fighting against, and noncompliance.

6. What does resisting authority mean?

Resisting authority means opposing or refusing to follow instructions from someone exercising authority. Whether that conduct is unlawful depends on the person’s legal authority and the circumstances.

7. What does resisting pressure mean?

Resisting pressure means refusing to give in to external demands, expectations, or influence. It can describe maintaining personal boundaries and exercising self-control.

8. What is the difference between resisting and obstructing?

Resisting generally means opposing an action or authority, whereas obstructing means deliberately interfering with or preventing an action from being carried out. Under section 129, both resisting and wilfully obstructing a peace officer can constitute an offence.

9. Can a resisting arrest charge be defended?

Yes. A defence lawyer can examine the arrest’s legality, the accused’s actions, the officer’s conduct, the available evidence, and whether the Crown can prove the required elements of the offence.

10. Should I hire a lawyer for a resisting arrest charge?

Seeking advice from a criminal defence lawyer is important because the charge may carry serious consequences. A lawyer can explain your rights, review the allegations, and help determine an appropriate defence strategy.