(Today’s Northumberland file photo/s)
A charge of Obstruct Police Officer was stayed against a Cobourg man in court on Monday, November 24, 2025.
Fifty-eight-year-old Brett Smith was charged on March 27, 2025 after he refused to allow by-law officers to inspect his back yard property.
Smith spoke to Today’s Northumberland stating the allegation by a neighbour was his property was in contravention to the by-law.
By-law officials arrived to conduct an inspection of his backyard, but Smith refused access.
The following day, at approximately 11:30 a.m. by-law once again arrived, but police were also in attendance.
Two videos were provided to Today’s Northumberland regarding the incident.
Both videos were taken by Smith’s son.
When Smith’s son exits the house, three police officers are holding onto Smith with one stating, “I’m going to take you to the ground.”
Smith is then taken to the ground and the one officer states, to Smith numerous times, “don’t fight me.”
Smith denies he is fighting with the officer. Shortly after, the sirens of a police cruiser can be heard in the distance and another officer comes into the camera frame. Shortly after Smith is handcuffed.
In total, four police officers and two municipal by-law officers were at Smith’s property in Cobourg’s west end.
A press release issued by police at the time said, “the resident (Smith) of the home became irate with the police officers’ presence and refused to allow entry onto the property without a warrant.”
The release states that officers advised Smith the Building Code Act a by-law officer may enter “any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, whether the property conforms with the standards prescribed in the by-law; or whether an order made under subsection (2) has been complied with.”
Smith refused by-law to enter the backyard and at that time, “police attempted to take the resident (Smith) into custody, and the man resisted arrest.
Smith was charged with “Obstruct Police Officer.”
Crown Attorney, JulieAnn Barrett said after having a Judicial Pre-Trial and reviewing the body worn camera video of the officers, the Crown would not be proceeding with a schedule trial and asked that the Justice to “stay the charge.”
Exclusive – Video – Cobourg Man Arrested for Not Allowing Authorities In His Backyard
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
