QUICK TAKEAWAY
Causing a Disturbance: If you are in a public place such as a shopping mall or nightclub and you engage in disorderly conduct such as fighting, screaming, insulting people or using obscene language, you could be charged with causing a disturbance under s.175 (1) of the Criminal Code. The Supreme Court has ruled your behaviour has to be more than annoying and it must have disrupted the peace enjoyed by others. Though this is a minor offence, you could be fined up to $5,000 or jailed for two years less a day.
Table of Contents:
What is Causing a Disturbance?
People engaging in disorderly conduct in public could be charged under s.175 (1) of the Criminal Code with causing a disturbance. It is a lesser charge than mischief, although the police may lay both charges and allow the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown to decide which has the better chance of successful prosecution.
The Code states this charge can be laid if you were in a public place and were:
- fighting, screaming, shouting, swearing, singing or using insulting or obscene language
- drunk;
- impeding or molesting others;
- openly exposing yourself;
- loiteringLingering aimlessly in a public place in a public place and obstructing others there; or
- disturbing the peace by discharging firearms or through other disorderly conduct.
What is Needed to Convict
The Crown prosecutor must prove that your behaviour disturbed others. The Supreme Court of Canada has ruled (R. v. Lohnes, 1992 CanLII 112 (SCC), [1992] 1 SCR 167) that the accused’s behaviour has to be more than merely annoying but the conduct caused an “externally manifested disturbance of the public peace.” Since the charge is only laid for incidents that occur in public places, the testimony of others who witnessed the incident may be crucial in securing a conviction. Many public places have video cameras, which can also be used as evidence.
Treated as a Summary Conviction
This charge is always treated as a summary convictionUsed for lesser offences, which means the penalty will be less harsh than if it were prosecuted as an indictable offenceIndictable offences are more-serious criminal offences. According to s.787.1 of the Code, the maximum penalty for summary convictions is a fine of $5,000 or to a jail term of not more than two years less a day, or both. According to s.786 (2) of the Code, police have up to one year to lay a summary conviction offense against you. If it goes to one year and one day from the time the incident, the charge cannot be laid unless the defendant agrees.
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Gregory P. Delbigio, Q.C
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Jonathan J. Israels Law Corporation.
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Loitering
Lingering aimlessly in a public place and obstructing persons who are lawfully there.
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.
