Navigating the law can be challenging, particularly when different rules exist at the federal, provincial, and municipal levels. Our goal is to help you understand the public drinking laws to allow you to enjoy responsibly, and avoid legal trouble.
The Importance of Drinking Responsibly
We have all seen the consequences of excessive drinking. Whether it’s someone stumbling down the street, causing a scene, or getting sick in public. These behaviors not only disturb the peace but can also lead to legal repercussions.
Public Drunkenness: A Federal Offence
Under section 175(1)(a)(ii) of the Criminal Code of Canada, causing a disturbance in or near a public place due to being drunk can lead to a summary conviction offence. Often, police evidence alone, including observations and reports, can determine whether a disturbance has occurred. A conviction can result in significant penalties, including fines of up to $5,000 or jail time.
Ontario’s Public Intoxication Laws
In Ontario, the regulations around public intoxication are strict. According to the Liquor License and Control Act, simply being intoxicated in a public space can lead to a fine of $50. A disturbance does not need to occur for the police to arrest an individual. The police can act on this if it is necessary to do so for the safety of any person. However, if a disturbance does occur, police may choose to charge the individual with the more serious federal offence discussed above.
Municipal Rules
Public drinking rules may vary city to city. For example, in Toronto, there are distinct regulations actually permitting drinking in certain public parks. To learn more about drinking in public parks, check out our blog Can You Drink Alcohol in Canadian Public Parks?
How We Can Help
If you find yourself facing charges related to public drinking or intoxication, consulting with a qualified criminal defence lawyer is critical. Contact us at (905) 541-2228 or fill out a form for a free consultation. Our experienced criminal defense team is here to guide you through the legal process and work towards the best possible outcome for your case.
