[Cman333]

There has been and always will be “tough talk” from some police officers regarding the use of Laser Jammers in provinces that do not have specific laws against their use. They have been known to threaten, and have recommended criminal charges against people caught using these devices.

Section 129 of the criminal code. of the criminal code says: Every one who (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer, (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, is guilty of (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (e) an offence punishable on summary conviction.

However, given the very nature of speed traps which use laser enforcement, is it possible to willfully obstruct police if you do not know they are present and executing a duty? Police may intentionally use unmarked cars, hide somewhere on the side of the road or surprise drivers around a turn when using a LIDAR gun at distances of 1000 feet or more. Some officers would have you believe that yes, interfering with the speed trap is obstruction and on a cursory examination of the law it sounds plausible; however recent case law suggests otherwise. Recently, in the British Columbia case of R. v. Langthorne in December of last year a judge ruled that a person cannot willfully obstruct the police if not clearly informed that the police are executing a duty prior to the alleged obstruction.

Snippit from Take the ?trap? away from speed trap before laser jammers considered obstruction.