Causing a disturbance is an offence under Section 175 of the Criminal Code. This law targets disruptive actions in public spaces that interfere with others' peace and quiet. While this offence may seem relatively minor, a conviction can result in fines, imprisonment, or both, making it essential to take such charges seriously.

What Is Considered Causing a Disturbance?

Under Section 175, causing a disturbance refers to actions that disrupt the peace and take place outside a dwelling-house, typically in or near public spaces. Examples of conduct that may lead to such charges include:

  • Fighting, screaming, shouting, swearing, singing, or using obscene or insulting language
  • Being drunk in public
  • Impeding or harassing others
  • Openly exposing indecent exhibitions
  • Loitering in public areas while obstructing others
  • Disrupting the peace of a dwelling-house through disorderly conduct or discharging firearms

Charged with causing a disturbance? Protect your rights—call (855) 585-1777 for a free consultation with an experienced criminal lawyer.

Causing a Disturbance: Legal Definitions

  • Public Place: Defined in Section 150 of the Criminal Code, this includes spaces where the public is allowed to be, either by right or by invitation, explicit or implied.
  • Disturbance: In R. v. Lohnes (1992), the Supreme Court of Canada ruled that a disturbance under Section 175 of the Criminal Code must involve an "externally manifested disturbance of the public peace," going beyond mere annoyance or emotional upset.

Potential Penalties for Causing a Disturbance

Causing a disturbance is classified as a summary conviction offence, meaning the penalties are less severe than those for indictable offences. However, the potential consequences are still significant and may include:

  • Fines: Up to $5,000
  • Imprisonment: Up to 2 years less a day
  • Combination: Both a fine and imprisonment

Aggravating Factors

  • Previous convictions for similar offences
  • Targeting vulnerable individuals or groups
  • Conduct that endangers public safety
  • Aggressive behaviour toward law enforcement or bystanders
  • Intoxication by drugs or alcohol at the time of the offence
  • Actions taking place in sensitive locations, such as schools, hospitals, or places of worship
  • Disrupting large public gatherings or community events

These factors can significantly influence the outcome of a case, making it even more critical to have strong legal representation.

Summary Dispositions Available for Causing a Disturbance

  • Discharge
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Imprisonment
  • Imprisonment + Probation
  • Imprisonment + Fine
  • Conditional Sentence

Need help navigating a causing a disturbance charge? Speak with a criminal defence lawyer at (855) 585-1777 for personalized advice.

Available Defences for Causing a Disturbance Charges

For a conviction of causing a disturbance, the Crown must prove beyond a reasonable doubt that the accused committed one of the disruptive behaviours outlined in the Criminal Code. This includes demonstrating that the conduct occurred in or near a public place and that it caused a clear and tangible disturbance to others. Additionally, the Crown must establish the identity of the accused as the individual responsible for the offence.

If you are facing a charge of causing a disturbance, several legal defences may be available based on the details of your case:

  • No Disturbance: The alleged actions did not meet the legal threshold of causing a disturbance.
  • Lack of Intent: The accused did not intentionally or knowingly engage in disruptive behaviour.
  • Charter Violation: Any evidence obtained through an unlawful search or arrest may be inadmissible under the Charter of Rights and Freedoms.
  • Misidentification: The Crown cannot conclusively prove that the accused was the person responsible for the offence.

Being charged with causing a disturbance can carry serious repercussions, affecting your personal and professional life. Consulting an experienced criminal lawyer early in the process is essential to understanding your rights and crafting a strong defence strategy.

Don’t Face Your Causing a Disturbance Charge Alone

An experienced criminal defence lawyer is vital when dealing with causing a disturbance charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing causing a disturbance charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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