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Toronto Mischief Charges Lawyer

Causing a disturbance charges under Section 175 (1) of the Criminal Code of Canada

Causing a disturbance, often referred to as disorderly conduct, is a criminal offence that the Police will press instead of or in addition to mischief charges

In cases where the Police believe the underlying crime is not serious enough to charge the accused with mischief, or if they want to give the accused a small break (though not really as they are still being charged with a criminal offence), the police may choose to press causing a disturbance charges under Section 175 (1) of the Criminal Code. Police will also sometimes include this offence in addition to mischief charges in the event mischief cannot be proven by the Crown Attorney.

While the Criminal Code (see below) is specific about which acts qualify for the charge (swearing, drunkenness, fighting, etc.), the component of what a disturbance actually means is left up to the courts to decide. The Supreme Court of Canada in the case of R. v. Lohnes has stated that the offence requires the Crown Attorney to prove that the accused’s behaviour caused more than a mere annoyance but actually interfered with the ordinary and customary use of the place where the act occurred. The behaviour must go to the point of it being an “overtly manifested disturbance which constitutes an interference with the ordinary and customary use by the public of the place in question.”

While the Supreme Court of Canada clearly sets limitations on lower courts in that convictions must have a substantial and not a mere trifling impact, a lot of discretion is still left to the trial judge (often in the Ontario Court of Justice) to decide whether the facts of a particular case support a conviction. If convicted, an offender faces a maximum punishment of 6 months in jail and a criminal record.

The crime is codified in Section 175 (1) of the Criminal Code of Canada, which states:

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.

A lawyer is often able to have these types of charges withdrawn (dropped) without having to take the risks of going to trial and having a court decide guilt or innocence.

The primary goal of defence counsel in representing clients faced with charges for causing a disturbance is to get the Crown Attorney to agree that it is not in the public interest to prosecute the accused and withdraw the charges.

As these cases often involve alcohol intoxication on the part of the defendant, sometimes alcohol counselling can help a lawyer convince the Crown to drop the charges without the matter without going to trial. This guarantees the accused does not go to jail or get a criminal record as a result of the incident.

Call us today

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with mischief in the Toronto area.

Have a skilled criminal lawyer who focuses on mischief charges protect you and your future from the stigma and consequences of a criminal record and conviction.


    call us: 647-228-5969

    contact@torontomischieflawyer.ca


  call us: 647-228-5969

  contact@torontomischieflawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • U.S. travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a mischief under or over $5000 related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel