It is not illegal to swear at police. However, it is always better to try and remain as peaceful as possible during interactions with police.
Tensions can quickly escalate and if your behaviour becomes extreme, an officer can use their discretion. This could potentially attract charges such as causing a disturbance if you interfere with the use of the public place, uttering threats if you threaten the police in any way or obstructing the police if you interfere with an investigation.
If you need the top criminal defence in the Hamilton area, our Hamilton Criminal Lawyers are available 24/7 to help you.
9 comments
Paul
So essentially if i tell a cop to fuck off, prior to any interaction, he could be a prick about it and arrest me, and say that, me saying fuck off is a disturbance? since its up to his discretion?
it seems that abuse by a police officer in this situation is almost guaranteed.
Collett Read LLP
Police officers are supposed to exercise reasonable prudence and not arrest/charge individuals without cause. Unfortunately, this is not always the case and police officers can and do abuse their authority. If you have been charged, a lawyer can help you assess the merits of your case and potentially get the charges withdrawn if they are not in the public interest. If you would like to make a complaint about police misconduct, you must contact the Office of the Independent Police Review Director (OIPRD).
Collett Read LLP
While swearing is a component of section 175(1) of the Criminal Code of Canada it must be associated with a disturbance being caused.
Lou
I wondering what is the time limit to put in a complaint it’s been a while I’m older know it was a wrong arrest I went to court and there’s was nothing I got chewing up by a police dog when handcuff I was thereting the whole time I was in hospital and I was released from the hospital which I thought was wrong
Collett Read LLP
The Office of the Independent Police Review Director recommends making a complaint within six months of the incident. Complaints received after six months may be screened out.
Keinan Driedger
Causing a disturbance? What does that mean? Very vague at a glance. Appreciate any advice.
Collett Read LLP
Causing a disturbance is defined within the Criminal Code of Canada under section 175(1).
Willoughby luke
Due to Covid19. Am I required to pull down my mask during a traffic stop for identification
Collett Read LLP
The officer is able to request ID during a traffic stop. In order to identify you they are able to require you to remove obstructions from your face such as masks, scarfs, or sun glasses.