Ontarians love the outdoors any time of year. Getting outside in the summer, fall, spring, or winter to enjoy the beauty of our province with friends and family is part of the fabric of being an Ontarian. Enjoying an alcoholic beverage while outside soaking in the sun, warming up by a winter campfire, or enjoying a late fall hike may not seem like an issue, but it may be. The issue is the legality of drinking laws in public can sometimes make matters a bit confusing, no one wants a ticket for drinking in public. So with that in mind, can you drink alcohol in public parks?
Basics of Canadian Criminal Drinking Laws
Before getting into the semantics of it, let’s start with the obvious. To even potentially drink in a park you must be at least 19 years of age and you cannot cause a disturbance to those around you. These are prohibited or illegal actions and can range from small fines, all the way to a maximum of a $5000 fine or 6 months in jail or both. Furthermore, all drinking and driving laws still apply and drivers are subject to harsh punishment and even jail time if they are deemed to be driving under the influence. Read more about what steps should be taken after a DUI charge.
Will You Be Fined for Drinking in a Park?
With all that said, assuming one is above the age of 19 and isn’t behaving in a way that is causing a disturbance to others, then is drinking in a public park allowed? The answer, like most issues of law, is it depends.
Normally, drinking alcohol in public can come with a fine. Many cities have their own specific by-laws regarding the consumption of alcohol and where in the city is it deemed to be acceptable to drink. A problem with trying to say definitively whether or not you can drink in a public park is that it depends on local city officials to determine it, it’s not a uniform provincial or federal decision.
In Toronto for example, a new project has allowed for the legal drinking in specifically approved Toronto Public Parks. A list of which parks are included in the program has been provided by the City of Toronto and can be seen on the toronto.ca Alcohol In Parks Program website. Similar projects are ongoing in bigger Canadian cities like Calgary and Vancouver.
In other Ontario cities however, while there have been ongoing discussions for more leniency of alcohol in public parks, it appears no other Ontario city is planning on adopting similar projects to Toronto just yet. Ottawa, it seems may be considering a similar pilot project as Toronto, but it looks at least as for now this would not begin until the summer of 2025, so perhaps by the time you’re reading this if you’re in the Ottawa area things may have changed.
So while changes may be on the way, unless you’re in a specific park designated to allow the consumption of alcohol, police can fine you for drinking in public parks. If you are unsure of your local rules, call your local by-law enforcement and inquire about whether or not you can drink in your public parks. If you do get confused on the rules, be respectful to police officers or by-law officers enforcing fines and calmly explain that you were confused and hopefully you may be let off with a warning. Finally, even if you are in a park that allows for the consumption of alcohol, remember this is a privilege. Be respectful to those around you, make sure you’re finding a safe way home that doesn’t involve drinking and driving, and don’t get to the point of inebriation that you’re causing disturbances or risking committing other offences out of a poor lack of judgment.
Practice Safety and Good Decision Making; We’re Here to Help.
From everyone at Collett Read we wish you a happy and safe summer. If you find yourself in some legal trouble, do not hesitate to contact us through our contact page or call us at (905) 541-2228.
