Causing a Disturbance

Causing a disturbance is a criminal offence under Section 175 of the Criminal Code, which addresses disruptive or disorderly behaviour in public spaces. Although it may seem like a minor charge, causing a disturbance can lead to fines and potential jail time.

What Constitutes Causing a Disturbance?

The offence of causing a disturbance applies when someone, not being in a dwelling-house, disrupts the peace in or near a public place. The Criminal Code specifies several ways this can occur:

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

Facing a causing a disturbance charge? Call (306) 994-9522 today for a confidential consultation with a skilled criminal defence lawyer.

Causing a Disturbance: Key Legal Definitions

• Public Place: Defined under Section 150 of the Criminal Code as any location to which the public has access by right or invitation, express or implied.
• Disturbance: In R. v. Lohnes (1992), the Supreme Court of Canada determined that a disturbance under Section 175 of the Criminal Code requires an "externally manifested disturbance of the public peace," which exceeds simple annoyance or emotional discomfort.

Potential Penalties and Consequences for Causing a Disturbance

Causing a disturbance is treated as a summary conviction offence, meaning it carries less severe penalties compared to indictable offences. The maximum penalties are:

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

Aggravating Factors

• Repeat offences
• Targeting vulnerable individuals
• Public endangerment
• Aggression toward authorities
• Alcohol or drug influence
• Location sensitivity
• Impact on the community

Summary Dispositions Available for Causing a Disturbance

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

Unsure of your next steps after being charged with causing a disturbance? Contact us at (306) 994-9522 for a complimentary consultation with a criminal lawyer.

Defending Against Causing a Disturbance Charges

To secure a conviction for causing a disturbance, the Crown must prove beyond a reasonable doubt that the accused engaged in one of the disruptive behaviours listed in the Criminal Code, that the conduct occurred in or near a public place, and that it caused a tangible disturbance to others. Additionally, the prosecution must establish the identity of the accused as the person responsible for the offence.

If you’re facing a charge of causing a disturbance, there are several potential defences, depending on the circumstances:

• No Disturbance: The behaviour did not meet the legal threshold of causing a disturbance as defined by law.
• Lack of Intent: The accused’s actions were not deliberate or disruptive.
• Charter Violation: Evidence obtained through an unlawful search or arrest may be excluded under the Charter of Rights and Freedoms.
• Misidentification: The Crown failed to establish that the accused was responsible for the offence.

Causing a disturbance charges can have serious consequences that impact your personal and professional life. It’s crucial to consult an experienced criminal lawyer early in the process to protect your rights.

Have You Been Charged with Causing a Disturbance?

An experienced criminal defence lawyer is essential when facing causing a disturbance charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer

Don't hesitate to reach out to us if you have been charged with causing a disturbance. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.