QUICK TAKEAWAY
Open Liquor: Each province is responsible for its own liquor laws in Canada. With the exception of Quebec, possession of open containers of alcohol in public violates provincial laws and municipal bylaws except in some instances. It is considered an open container if the seal is broken or the bottle is open. Generally, open liquor is only permitted in private residences, licensed establishments or events that require licensing. However, you may be able to have open containers in provincial campgrounds, and some provinces began loosening up outdoor drinking rules during the coronavirus pandemic. Drinking laws vary. You can drink on a plane or train but not on public transportation or while operating a boat. Drinking and driving is, of course, against the law. If you are driving a vehicle and your passengers have alcohol in open containers, they not only face a fine but you can be charged as well. Fines differ from province to province and range from $100 to $672 for being caught with open liquor in public. A ticket for having an open container of alcohol can also be accompanied by a charge of public intoxication, which is covered under s.175 (1) of Canada's Criminal Code and could bring jail time and a fine of up to $5,000. A conviction also goes on your criminal record.
Table of Contents:
What is Open Liquor?
The pandemic brought changes as governments have attempted to relax the rules to help businesses and allow people to gather outside in small groups while drinking. Because the rules are subject to change and can be different depending on the jurisdiction, it is important to ensure you are staying up to date. Ignorance of the law is not a defence.
The Government of Canada defines an alcoholic drink as any beverage “containing 1.1% or more alcohol” by volume. You can buy a bottle of alcohol and walk home with it. However, if you break the seal, it can be considered an open containerAlcohol where the seal has been broken. If you pour it into another container such as a cup outside permitted areas you can be ticketed.
With any open container of alcohol, it is important to know the laws in each jurisdiction and if they prohibit possession of that bottle where you are. For example, if you are driving with an open bottle of liquor, it must be stored in the trunk or a place not readily accessible to those in the vehicle. If you are sitting in your backyard you are allowed to have open alcohol. The same goes for camping in a motorhome. Once it is parked, it is considered your residence and you are free to drink. However, if you are driving that motorhome the alcohol must be stored away from the driver. Putting an open bottle of wine or can of beer in a bag while drinking in places that prohibit public consumption will not prevent you from being charged.
How Open Liquor Offences Are Enforced
While some similarities exist, the laws connected to open liquor may be different throughout Canada. Offences could be covered by the Criminal Code or in each province’s Highway Traffic Act or Liquor Licence Act. As well, you could face municipal bylaw charges.
It doesn’t matter what alcohol you were drinking or how much, it only matters where it occurred when it comes to open liquor offences. And if you are impaired when you are caught with an open alcohol container you could be detained until you sober up. Of course, if you are under age that is another charge.
Although you are protected from an unwarranted search under the Charter of Rights and Freedoms, police have the right to check your car if they have reasonable grounds to believe there may be alcohol, drugs or weapons.
Penalties for Open Liquor Offences
Fines vary from province to province and can start at about $100 and going all the way up to $627 for being in possession of an open liquor container. Depending on the circumstance, additional criminal charges can also be laid. For example, if you are pulled over with an open container of alcohol in your car and police suspect you have been drinking, you could be asked to provide a breath sample. Depending on the province and the severity of impairmentA reduced ability to operate a vehicle due to alcohol or drug consumption, you could face a 12-hour driving prohibition, a fine or even jail time.
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Catherine Tyhurst
Mccullough Watt Sutton Lynskey & Hodson
Richard Neary Law Corporation
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Donald J McKay Law Corporation
Glossary of Legal Terms
Impairment
Being impaired means that the driver’s ability to operate a motor vehicle was altered due to alcohol or drug consumption. Having the prohibited level of alcohol, THC, or other impairing drugs in your blood within two hours of driving is an offence.
Open container
Any alcohol where the seal has been broken. It is illegal to possess alcohol in an open container if you are in a private vehicle or a private boat.
