31Obstructing a police member

31  Obstructing a police member  (a) the person obstructs another person; and  (b) that other person:  (i) is a police member acting in the performance of his or her duty; or  (ii) is lawfully exercising authority under or on behalf of a service police officer.  (a) the member is called on to assist another person; and  (b) that other person:  (i) is a police member acting in the performance of his or her duty; or  (ii) is lawfully exercising authority under or on behalf of a service police officer; and  (c) the member refuses to assist that other person.  (3) In paragraphs (1)(b) and (2)(b), strict liability applies to the physical element of circumstance, that the person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer.  (4) It is a defence to a charge under this section if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer, as the case requires. Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.