Is it a Crime to be Intoxicated in a Public Place?

You could be charged for public intoxication with both provincial and federal law. Under section 175 of the Criminal Code, it is a crime for a person who is not in a private home to cause disturbance by being drunk in or near a public place.

Public Disturbance Offences in Canada

Section 175 of the legal statutes outlines various scenarios in which an individual can be found guilty of causing a disturbance in or near a public place. The offences detailed in this section are punishable by summary conviction.

General Offences

Everyone who, not being in a dwelling-house, causes a disturbance in or near a public place by engaging in activities such as fighting, screaming, shouting, swearing, singing, or using insulting or obscene language, is subject to legal consequences.

Inebriation Offences

Individuals who are drunk in a public place and cause a disturbance fall under the purview of this section.

Interference with Others

Those who impede or molest other persons in a public place may be charged under this section.

Indecent Exhibition

Offences involving the open exposure or exhibition of indecent material in a public place are explicitly addressed.

Loitering and Obstruction

Loitering in a public place and obstructing others, as well as disturbing the peace and quiet of occupants in a dwelling-house, are outlined as offences.

Disorderly Conduct

Disturbing the peace and quiet of occupants of a dwelling-house by discharging firearms or engaging in disorderly conduct in a public place is expressly prohibited.

Building or Structure Disturbance

An individual not being an occupant of a dwelling-house in a particular building or structure, who disturbs the peace and quiet of occupants in that building or structure, is subject to legal consequences.

Multiple Dwelling-Houses Disturbance

Offences committed in any part of a building or structure with access to the occupants of two or more dwelling houses are covered, whether by right or by invitation, express or implied.

Charged with Public Intoxication? Get Experienced Legal Representation Today

In Canada, public intoxication can lead to criminal charges if it causes a disturbance, such as shouting, swearing, fighting, or obstructing others. Additionally, provincial laws and municipal bylaws may impose penalties for being intoxicated in public, even without causing a disturbance.A conviction could result in fines, a criminal record, or even jail time in certain cases.

If you’re facing public intoxication or disorderly conduct charges, we can help. Our experienced Toronto criminal defence lawyers will assess your case, protect your rights, and explore possible defences. Contact us today for a confidential consultation.