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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 07-26-2013, 03:21 PM   #1
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drunk in public

earlier this month in the province news paper there was an article of a man who lived in saanich who was persuaded out of his house by an officer and then arrested him for being intoxicated in a public place.

he lived in an apt building, so I can see it being a public place...

anyways, I live on a busy street in Burnaby, every now and then me and some friends will fill up our kiddie pools grab a cooler and bring out the bbq and sit in our pools (homer simpson style) and drink in my back yard.

since the front yard of my house faces the busy street, would we get in shit for being there? we'd still be on my property, but would that have anything to do with us drinking and having fun, like being drunk in public? (beer pong, beer bonging, drunken slip n slides etc...)
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Old 07-26-2013, 08:41 PM   #2
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As far as I know, if you're drinking within your property, you're doing just that. The moment you walk on the sidewalk, that's public and you'll be hooped. So when the cop comes and says he wants to talk to you over here, you just stay on your property or else you would've shot yourself in the foot.
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Old 07-27-2013, 02:53 AM   #3
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Not quite. You can be an loud, annoying drunk in your dwelling itself, but in your yard or driveway, etc you can't. In your house, drunkenness might get you a noise bylaw infraction at most but outside of it is covered by section 175 of the Criminal Code of Canada.

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.

Don't overdo it and be respectful if police show up (they're probably there at the request of your neighbours - tell them you'll quiet down/move inside/whatever) and you'll probably be fine.
nabs - Brianrietta are you trying to Mindbomber me? using big words to try to confuse me
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Old 07-27-2013, 06:06 AM   #4
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For reference...
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