Is it a Crime to Drink in Public?

The opening section of the article outlines the importance of where liquor is consumed and how it affects consumers, rather than the type of liquor consumed. Canadian liquor laws are constructed on a provincial basis, not federally. The document highlights that the Government of Canada labels a beverage as alcoholic if it contains 1.1% or more alcohol by volume. It also provides that drinking in public and public intoxication are serious offences, particularly in Ontario where having an open container in a public space is considered a crime, and it is also an offence to be drunk in public as per the Alcohol and Gaming Regulation Act.

The document further states that drinking in public is not just confined to Ontario, but also extends to most Canadian provinces excluding Quebec. Such actions are in violation of provincial acts and municipal bylaws. Alcohol is permissible to be consumed in private residences or licensed premises like bars and restaurants, but public parks, despite appearing to be attractive venues for enjoying alcoholic drinks, are not permitted places for liquor consumption.

Alcohol Permission in Ontario Provincial Parks

In Ontario Provincial Parks though, the regulations are a bit different as alcohol is allowed on campsites which are viewed as temporary residences. In spite of these strict rules in Ontario, the Criminal Code of Canada postulates that causing alcohol-induced disturbance which interrupts public peace is considered a criminal activity. This can occur in various ways, including shouting, fighting, and even public urination, which is itself also considered a crime.

Consequences of Public Drunkenness

Subsequently, if you are drunk enough in a bar or other venues where alcohol consumption is permitted, to the point that you cause a disturbance, you can be expelled from the establishment and potentially taken into police custody. At times, being drunk in public even without causing a disturbance is sufficient to earn a fine or be charged with an offence.

The legal drinking age is also scrutinized when it comes to public drunkenness. In Alberta, Manitoba, and Quebec provinces, the legal drinking age is set at 18, while the remaining Canadian provinces have set theirs at 19. If you are under the legal drinking age and are caught drunk in public, it could result in both a fine and court-mandated rehab.

Charged with a Public Drinking Offence? We Can Help

In Ontario, public drinking and intoxication are offences under provincial laws and municipal bylaws. Depending on the circumstances, having an open container or being intoxicated in public can result in fines, charges, or even police custody. While there are some exceptions, such as designated areas in provincial parks, public alcohol consumption is generally prohibited.If you’re facing public intoxication or alcohol-related charges, we can provide the legal guidance you need. Our experienced criminal law firm in Toronto will help you understand your rights and explore possible defences. Contact us today for a confidential consultation.