R. v. Kennedy, 2016 ONCA 879
[36] In my view, the offence of resisting a peace officer requires more than being uncooperative: it requires active physical resistance. While this case is at the very low end of the scale of acts of resistance, there was evidence upon which a properly instructed jury could find Mr. Kennedy guilty of the offence. The evidence suggested that he repeatedly turned his body during his arrest. There was also evidence from one officer that he had pulled away. In my view, the jury was entitled to conclude that these acts amounted to active resistance.
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