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Causing a Disturbance in Canada

You can be charged with causing a disturbance if you engage in disorderly conduct such as insulting someone, screaming, or fighting in a public place such as a nightclub or shopping mall. According to the Supreme Court, your actions must be more than simply annoying. It must have disrupted the peace others were enjoying. The penalties, if convicted, may include a criminal record, a fine and even jail time.

At Alberta Legal, our team provides tacticle advocacy, legal counsel, and personalized service. We work hard to find a viable solution in every criminal case we take. If you were charged with disorderly conduct in Canada, contact us immediately so we can start working on your defence.

What Is Causing a Disturbance in Canada?

Causing a disturbance is referred to as disorderly conduct. This crime is codified in the Criminal Code of Canada. The offence involves anyone who engages in any of these actions:

• Causing a disturbance in or near a public place, but not in a dwelling, by being drunk, molesting or impeding other persons, or screaming, swearing, fighting, singing, shouting, or using obscene or insulting language
• Loitering in a public place and obstructing people in that place in any way
• Disturbing the peace and quiet of dwelling-house occupants by discharging a firearm or engaging in other disorderly conduct in a public place or, if the actor doesn’t live in the dwelling-house that is in a particular structure or building, and disturbing the peace and quiet of the occupants of that place by discharging firearms or other disorderly conduct in any area that the residents have access to by implied or express invitation or as a right at the time of the conduct
• Openly exhibiting or exposing an indecent exhibition in a public place

The criminal offence must involve a disturbance. However, interpreting the term is complicated and proving someone committed the crime requires substantial evidence.

A disturbance must exist, and the evidence must show an externally manifested disturbance in a public place.

An externally manifested disturbance is a disturbance that interferes with the customary conduct near or in a public location. The defendant must have reasonably foreseen that a disturbance would happen. A conviction isn’t possible by simply observing the accused’s behaviour. There must be proof of the disturbance and that another person was disturbed or affected by it.

The defendant must also be near or in a public place while committing the offence. A public place can include locations and establishments such as:

• Pathways
• Shopping malls
• Restaurants
• Parks
• Office buildings
• Bars
• Streets
• Parking lots

Is Causing a Disturbance a Summary Offence?

Yes. A causing a disturbance conviction is a summary conviction. That means the punishment is less severe than a crime prosecuted as an indictable offence.

The Criminal Code imposes maximum penalties for summary convictions. They include a jail sentence of up to two years less one day, a maximum of a $5,000 fine, or both.

The police have no more than one year to charge someone with a summary conviction offence. If more than a year passes after the date of the crime, the police can’t charge the defendant with a summary offence unless they agree to the charge.

What Is the Penalty for Disorderly Conduct in Canada?

A defendant can face sentencing up to six months imprisonment and no more than a $2,000 fine. The conviction can also appear on the defendant’s criminal record.

How to Defend Against a Disorderly Conduct Charge

The subjective nature of causing a disturbance often leads to wrongful accusations. Law enforcement often misinterprets the elements of the crime and issues inappropriate charges. They might think the accused’s behaviour constitutes disorderly conduct but realize the charges don’t hold up because the offence doesn’t involve the required elements based on the law.

An experienced lawyer can create a defence strategy to fight against the charge you face depending on the circumstances. Common defences include:

• Acting in self-defence or defending someone else
• Proving an alibi to show you were elsewhere during the crime
• Evidence that the conduct didn’t disturb anyone
• The police violated your rights during the arrest or other proceedings

Protect Your Future with Alberta Legal

At Alberta Legal, we understand the long-term consequences of a criminal conviction. You can count on a Calgary criminal defence lawyer from our firm to build a defence suited to the unique aspects of your case to try to reach a favourable outcome. Whether we try to prove your innocence, argue for a reduced sentence, or get the entire case dismissed, we will fight hard for your freedom.

Call or contact us online for a confidential consultation if you were arrested or charged with disturbing the peace in Canada. We can meet you in person or virtually to discuss your case and advise you of your options.