Disorderly Conduct

If you or a loved one has been charged with an offence like disorderly conduct. You should call a lawyer to get advice.

These offences can be found in the Criminal Code:

Unlawful Assembly and Rioting (63, 64)

Indecent Act (173)

Causing a Disturbance (175)

Trespassing at Night (177)

Causing disturbance, indecent exhibition, loitering, etc.
175. (1) Every one who

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

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

(ii) by being drunk, or

(iii) 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 any 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 of an offence punishable on summary conviction.

Conduct that disturbs public peace and order in or near a public place is an offence according to the Criminal Code of Canada. The conduct may be fighting, shouting, singing, using insulting or obscene language, loitering, being drunk, discharging firearms, or impeding, harassing or molesting other persons.

A public place is defined as a space that the public has access to. Shopping centres, parking lots, restaurants, parks, bars and office buildings are all public places for the purposes of section 175. A private home would not be considered a “public place”. However, you may be charged with causing a disturbance if you disturb the peace of persons in a dwelling. For example, in the public hall of an apartment building causing a disturbance may result in charges. Shouting in an area outside the yard of a private home can constitute a disturbance while on the street. Charges of causing a public disturbance may arise if you are stopped by a police officer in the normal course of their duties, and for example cause a disturbance by yelling and shouting obscenities.