i.
What the charge means
Section 175 requires both the underlying conduct and an externally manifested disturbance to a third party — not merely an annoyance.
Criminal Code s.175
Cause Disturbance charges in Ontario.
Quick Answer
Point Duty defends cause disturbance charges under Criminal Code s.175 — fighting, shouting, swearing, or obstructing people in or near a public place. It is a summary conviction offence carrying up to two years less a day and a criminal record. A licensed paralegal can act; these files frequently resolve by peace bond, diversion, or withdrawal.
Disturbing the peace in or near a public place by fighting, screaming, swearing, or obstructing persons. Summary offence — strong defences available.
- Charge
- Criminal Code s.175
- Jurisdiction
- All of Ontario
- Consultation
- Free & Confidential
ii.
Penalties
Summary conviction: up to 2 years less a day and/or a $5,000 fine. Diversion and peace bonds are commonly used to resolve these matters without a record.
iii.
Available defences
- No externally manifested disturbance
- Conduct not in or near a public place
- Identification
- De minimis
Within paralegal scope
Causing a disturbance under s.175(1) is one of the few charges here with no Crown election to wait on. It is a straight summary conviction offence and sits on the Law Society’s permitted list, so a paralegal can act from the first appearance. Where the paralegal scope line falls, and why.
iv.
The process
Most cause disturbance charges resolve through peace bond, diversion, or withdrawal after disclosure.
Common Questions
What is causing a disturbance in Ontario?
- Under s.175, causing a disturbance means fighting, screaming, swearing, or obstructing people in or near a public place in a way that produces an externally manifested disturbance — not merely an annoyance.
What are the penalties for a cause disturbance charge?
- It is a summary conviction offence carrying up to two years less a day imprisonment and/or a $5,000 fine, plus a criminal record on conviction.
Can a cause disturbance charge be withdrawn?
- Frequently. Because the charge depends on officer observation and specific facts, these matters commonly resolve through a peace bond, diversion, or withdrawal after disclosure review.
Charged with cause disturbance?
Defence starts with a conversation.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.