CRIMINAL DEFENCE · ONTARIOEnglish · Português · Español

PUBLIC-ORDER ALLEGATIONS

Causing a Disturbance Defence in Ontario

Understand what the Crown says happened.

An allegation following an incident in a public place can raise questions about the conduct, location and evidence. FLS assists with eligible causing-a-disturbance charges under section 175 in Ontario.

Classical limestone architecture in soft afternoon lightCLARITY. PREPARATION. PERSONAL REPRESENTATION.

Start with the paragraph on your charge document

Section 175(1) covers several forms of conduct, including specified disturbances in or near a public place. Different paragraphs address different circumstances. The Crown’s allegation must be considered against the applicable wording rather than a general description such as “disorderly conduct”. Read section 175.

Place, conduct and context

For your consultation, identify the location, time, persons present and records you already have. Relevant disclosure may include police notes, witness accounts, audio or video. Once retained, we consider the actual allegations and what the available material supports, including what further disclosure may be needed.

Keep connected allegations in view

An incident may also involve an assault, mischief, trespassing allegation or release condition. Provide the complete charging document so each count can be assessed. Eligibility to act on one count does not resolve the scope of another. Continue to observe any court or release obligations while the matter is reviewed.

Prepare for court with a clear scope of work

A consultation can clarify the next date, disclosure status and the work your case may need. FLS confirms permitted scope and a written retainer before undertaking representation. Ask which appearances, Crown discussions and trial-preparation work are included. See the Ontario Court of Justice guide to the process.

Common questions

Is a noise complaint necessarily a Criminal Code charge?

No assumption should be made from that description. Check whether the document cites the Criminal Code, a provincial statute or a municipal by-law.

Can you review an incident involving an argument in public?

Bring the exact charge and court date. FLS assesses whether the matter is eligible and what advice and representation can be offered.

Should I send video in an initial booking note?

Begin with contact details and the general type of charge. The office will explain the appropriate way to provide evidence after intake.

YOUR NEXT STEP

You don’t have to figure
this out alone.

Tell us where you are in the process. We’ll discuss how we can help.

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