Welfareville - Notebook - The law: Criminal Code - Misconduct of officers executing process

§ Misconduct of officers executing process

Offences Against the Administration of Law and Justice
- Corruption and Disobedience
  - Section 119.(1), Bribery of judicial officers, etc.
  - Section 120, Bribery of officers
  - Section 121, Frauds on the government
  - Section 122, Breach of trust by public officer
  - Section 123, Municipal corruption
  - Section 124, Selling or purchasing office
  - Section 125, Influencing or negotiating appointments or dealing in offices
  - Section 126, Disobeying a statute
  - Section 127, Disobeying order of court
  - Section 128, Misconduct of officers executing process
  - Section 129, Offences relating to public or peace officer
  - Section 130, Personating peace officer
- Misleading Justice
- Escapes and Rescues

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Misconduct of officers executing process
128. Every peace officer or coroner who, being entrusted with the execution of a process, wilfully

misconducts himself in the execution of the process, or
makes a false return to the process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 117.

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Police Services Act R.S.O 1990
- Ontario Regulation 268/10
  Misconduct
  80. (1) A police officer is guilty of misconduct if he or she,
  1. commits an offence described in a prescribed code of conduct;
  2. contravenes section 46 (political activity);
  3. engages in an activity that contravenes subsection 49 (1) (secondary activities) without the permission of his or her chief of police or, in the case of a municipal chief of police, without the permission of the board, being aware that the activity may contravene that subsection;
  4. contravenes subsection 55 (5) (resignation during emergency);
  5. commits an offence described in subsection 79 (1) or (2) (offences, complaints);
  6. contravenes section 81 (inducing misconduct, withholding services);
  7. contravenes section 117 (trade union membership);
  8. deals with personal property, other than money or a firearm, in a manner that is not consistent with section 132;
  9. deals with money in a manner that is not consistent with section 133;
  10. deals with a firearm in a manner that is not consistent with section 134;
  11. contravenes a regulation made under paragraph 15 (equipment), 16 (use of force), 17 (standards of dress, police uniforms), 20 (police pursuits) or 21 (records) of subsection 135 (1). 2007, c. 5, s. 10.
  Off-duty conduct
  (2) A police officer shall not be found guilty of misconduct under subsection (1) if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force. 2007, c. 5, s. 10.
  Inducing misconduct and withholding services
  Inducing misconduct
  81. (1) No person shall,
  1. induce or attempt to induce a member of a police force to withhold his or her services; or
  2. induce or attempt to induce a police officer to commit misconduct.
  2007, c. 5, s. 10.
  Withholding services
  (2) No member of a police force shall withhold his or her services. 2007, c. 5, s. 10.
  Offence
  (3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both. 2007, c. 5, s. 10.
  Consent of Solicitor General
  (4) No prosecution shall be instituted under this section without the consent of the Solicitor General. 2007, c. 5, s. 10.