QUICK TAKEAWAY
Public Intoxication: There is no charge for public intoxication in Canada's Criminal Code. However, under s.175 (1) you can be charged with causing a disturbance for being drunk in a public place. Liquor laws are regulated by each province and fines differ. Where and when you can drink in public also varies by province. For example, provinces instituted temporary rules for outdoor drinking during the coronavirus pandemic. What is important to remember is that while it may be legal to drink in a public place, disorderly conduct could land you in jail until you sober up. You could also face fines of $100 or more depending on the province and jail time under the Code.
Table of Contents:
What is Public Intoxication?
The Government of Canada defines an alcoholic drink as any beverage “containing 1.1% or more alcohol” by volume. Generally speaking, provincial laws state that you must not remain in a public place while intoxicated or you can be charged with what is commonly known as drunk and disorderly. The type of liquor consumed is not relevant; only where you are drinking and your behaviour. The penalty you face will depend on where you live.
For example, you are not permitted to drink in the streets in Montreal but you can have an alcoholic beverage in a park as long as you are eating a meal. In Calgary, the government allowed public drinking at some parks through temporary measures brought on by the pandemic. However, you had to consume the alcohol at a designated picnic table and public intoxication was not tolerated.
You can drink alcohol at public places such as bars and restaurants and sporting events but, again, if you cause a disturbance you could end up in police custody if it is deemed the safety of you or others is in jeopardy.
It is always a good idea to familiarize yourself with local alcohol regulations. Along with any provincial offence, you could also be charged under the Criminal Code that states everyone who, not being in a dwelling-house, causes a disturbance in or near a public place:
- by fighting, screaming, shouting, swearing, singing or using insulting or obscene language;
- by being drunk; or
- by impeding or molesting other persons.
How are Public Intoxication Offences Enforced?
While some similarities exist, the laws regarding public intoxication may be different throughout Canada and are covered under each province’s Highway Traffic Act or Liquor Licence Act. You could also face municipal bylaw charges.
If police believe you are intoxicated, they can arrest you. Although you are protected from an unwarranted search under the Charter of Rights and Freedoms, police have the right to conduct a search if they have reasonable grounds to believe you are in possession of alcohol, drugs or weapons.
Penalties for Public Intoxication
Causing a disturbance under the Criminal Code is punishable on summary convictionUsed for lesser offences and you can be jailed up to six months, receive a fine of up to $5,000 or both.
Provincial fines can start at about $100 for being drunk and disorderly. You can also be detained until you are sober. In addition, if you are drinking in a public place, you could be charged with being in possession of an open containerAlcohol where the seal has been broken, which could result in a fine of up to $627 depending on the province. An open container is defined as alcohol with an open seal. Hiding a can of beer or keeping an open bottle of wine in a bag while drinking in places that prohibit public consumption will not prevent you from being charged.
If you arrested for drunk and disorderly and you are under age you will face an additional charge
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Mitchell R Rowe Barrister & Solicitor
Natasha J. Calvinho Criminal Defence Professional Corporation
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Glossary of Legal Terms
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.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
