Public Intoxication

Generally speaking, provincial laws state that you must not remain in a public place while intoxicated or you can be charged with what is commonly known as drunk and disorderly. The type of liquor consumed is not relevant; only where you are drinking and your behaviour. The penalty you face will depend on where you live.

You can drink alcohol at public places such as bars and restaurants and sporting events but, again, if you cause a disturbance you could end up in police custody if it is deemed the safety of you or others is in jeopardy.

It is always a good idea to familiarize yourself with local alcohol regulations. Along with any provincial offence, you could also be charged under the Criminal Code that states everyone who, not being in a dwelling-house, causes a disturbance in or near a public place:

• by fighting, screaming, shouting, swearing, singing or using insulting or obscene language;
• by being drunk; or
• by impeding or molesting other persons.

While some similarities exist, the laws regarding public intoxication may be different throughout Canada and are covered under each province’s Highway Traffic Act or Liquor Licence Act. You could also face municipal bylaw charges.

If police believe you are intoxicated, they can arrest you. Although you are protected from an unwarranted search under the Charter of Rights and Freedoms, police have the right to conduct a search if they have reasonable grounds to believe you are in possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of alcohol, drugs or weapons.

Causing a disturbance under the Criminal Code is a summary convictionUsed for lesser offences offence. If you are convicted, you can be jailed for up to two years less a day, fined up to $5,000, or both.

Provincial fines and other penalties for being drunk and disorderly vary by province. You can also be detained until you are sober. In addition, if you are drinking in a public place, you could be charged with being in possession of an open containerAlcohol where the seal has been broken, which can carry a fine that varies by province. An open container is defined as alcohol with an open seal. Hiding a can of beer or keeping an open bottle of wine in a bag while drinking in places that prohibit public consumption will not prevent you from being charged.

If you arrested for drunk and disorderly and you are under age you will face an additional charge

These are not Criminal Code offences. Penalties vary by province, territory, municipality, and sometimes by bylaw or set-fine schedule.

Being intoxicated in a public place is a provincial offence, not a Criminal Code one. In Ontario it falls under the Liquor Licence and Control Act, 2019, and police may arrest without warrant where necessary for anyone's safety; if prosecuted, the Act's general penalty provision allows a fine of up to $100,000 for an individual, with no imprisonment for this offence (ss. 68(1)-(2)). In Alberta, the equivalent rules are in the Gaming, Liquor and Cannabis Act; in British Columbia, s. 74 of the Liquor Control and Licensing Act prohibits being or remaining intoxicated in a public place, and gives police an arrest power.

The Criminal Code applies only as a fallback: causing a disturbance in or near a public place by being drunk is an offence under s. 175, and it requires an actual disturbance — being intoxicated on its own is not enough. See the Causing a Disturbance page.