Causing a disturbance

Causing a Disturbance, Indecent Exhibition, Loitering, etc.

Causing a disturbance is a criminal offence under s.175 of the Criminal Code. This section states that if you are found to be causing a disturbance in a public place, therefore, interfering with the normal activity of the public, you may be found guilty of this offence.

Penalty

The maximum penalty for causing a disturbance is six months’ imprisonment.

What You Should Know

To be found guilty of this offence, the prosecution must prove that the incident in question was more than just a mere annoyance or a matter of someone being emotionally upset, there must be a disturbance that directly resulted in a consequence from the person being accused.

Applicable Legislation s.175

(1) Every one who

(a) not being in a dwelling-house, causes a disturbance in or near a public place,

  1.  By fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
  2.  By being drunk, or
  3.  By impeding or molesting other persons,

(b) openly exposes or exhibits an indecent exhibition in a public place,

(c) loiters in a public place and in way obstructs persons who are in that place, or

(d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

is guilty if an offence punishable by summary conviction.

The Next Steps

Lakin Afolabi is a criminal defence lawyer in London, Ontario. He has successfully defended individuals facing disturbance offences as well as others. If you or someone you know are facing criminal charges, call.

Contact Lakin Afolabi now for a consultation
Call anytime, day or night, 519-495-0870