Charged with Causing a Disturbance? Free Expression Is Not a Crime

2 days ago
1 min read

Man arguing on his phone in the car to represent causing a disturbance in criminal law.

Many people are surprised to learn that shouting, swearing, singing, or using offensive language is not automatically a criminal offence in Canada.

To secure a conviction for causing a disturbance, the prosecution must prove more than loud or unpopular behaviour. The conduct must actually cause a disturbance affecting the

ordinary use of a public place.

The courts have repeatedly emphasized that annoyance, irritation, embarrassment, or emotional upset are not enough. Criminal liability requires evidence of an externally manifested disturbance of the public peace.

This distinction creates important defence opportunities. Police and witnesses may describe behaviour as disruptive, but the legal question is whether the conduct objectively interfered with the normal use of a public place.

Location also matters. The Crown must establish that the alleged disturbance occurred in or near a public place as defined by law.

Cases involving protests, public arguments, intoxication allegations, or confrontations with police often require a careful analysis of what actually occurred and whether the legal elements can truly be proven.