Disturbing the Peace
What is Disturbing the Peace
Definition: Section 175 of the Criminal Code of Canada focuses on causing a disturbance in a public place. This covers more than just being loud – it must disrupt the peace of others using the space.
Important Points:
- “Public place” is broadly defined: streets, parks, stores, etc. It can even apply to causing a disturbance within your apartment that disrupts the neighbors’ enjoyment of their homes.
- The disturbance doesn’t have to affect everyone, just some members of the public going about normal activities.
- Types of disturbances include: excessive noise, being intoxicated and disorderly, fighting, or obstructing others from using the space.
Common Evidence:
- Witness (police officer or civilian) statements about your disruptive actions.
- Reports or complaints from other members of the public.
- CCTV or security camera footage if available.
Penalties for Disturbing the Peace
Disturbing the peace is a summary conviction offence, carrying less severe penalties than indictable offences, but a conviction can still have a long-term impact.
Maximum Penalty
- Imprisonment for up to 24 months and/or a $5,000 fine.
- Jail time is generally only imposed in the very most disruptive or repeat offender cases.
How We Can Help
Fighting the Charges: Every disturbing the peace case turns on the specific facts. We’ll look closely to build a strong defence:
- Your actions weren’t disruptive in the circumstances.
- You were exercising your freedom of speech rights, even if others found it controversial.
- Evidence is insufficient to prove you intended to disrupt the peace of others.
- Evidence against you obtained in violation of your rights.
Frequently Asked Questions
What about a loud party at my own home?
If neighbors complain and police find the noise is unreasonable for the time and location, you could be charged.
Does it matter if it was a daytime event?
It’s a factor but doesn’t automatically erase potential charges. Even a noisy daytime protest can disrupt the ability of businesses to function.
Can I just get a ticket, or is it always a criminal charge?
Early resolution might be possible (pleading guilty with a smaller fine), but it may create a criminal record. Legal advice helps ensure all options are considered.
Let's Talk About Your Case
Disturbing the peace charges sound minor but can have lasting consequences. A criminal record can affect employment, travel, and reputation, even if jail time is avoided. Contact us for a free case review to discuss your situation and potential defences.
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