X

Truth is in a man's actions, not in someone else's blind accusations.

Click for the video
X
December 09 2022

Phone conversation with a terrified mother March 21 2015 Algoma Children's Aid
Alyssa Mcgenerty audience: Authenticated Login and access Phone conversation with a terrified mother March 21 2015 Algoma Children's Aid
Another sad message I received. Children's Aid took her kid. This young mother had...
Mr. J. has threatened to kill Viorica Lungu in the past and she fears for her life
Costel L. audience: Public
Mr. J. stop slandering Viorica Lungu in the Internet. I have your convictions from bein...
I miss my step daughter and I'll miss Philip forever - Letters and text messages
Carolyn Garrett audience: Authenticated Login and access I miss my step daughter and I'll miss Philip forever -  Letters and text messages
Begin forwarded message:&nbsp; From: phill parisi &lt;<a href="mailto:p...
The malice of Thunder Bay Ontario I have never had an agency truly honour their words
Martine D Amours audience: Public
I don't know how they cannot see all this corruption , come on we are also blind to thi...
Father Rights Canada / Would like to become a part if this group
Not disclosed audience: Authenticated Login and access Father Rights Canada / Would like to become a part if this group
Would like to become a part if this group as being separated for almost a year! Going t...
Navigation

Authors & content contributions
Categories
Groups
Member Login
Page Grid

FOLLOW Brainsyntax VIA EMAIL Enter your email address and receive notifications of selective new pages by email.

Join 12050 other brainsyntax email notification followers

Searching for my children

Fathers in distress if you ever need to talk, or just vent, please message us Contact: Fathers Rights Canada
Deadly Epidemic Against Dads


Parents

To my children & To those that may be concerned ...
Advocacy Canada
2014 Opening of The Courts Ceremony Judges are not welcomed by the Church
Chris Carter
audience: Authenticated Login and access 2014 Opening of The Courts Ceremony Judges are not welcomed by the Church

The special interfaith ceremony, which has historically been held in the morning of the...
Father Rights Canada / I have to go on disability, I have had no income for past 3 months
Not disclosed
audience: Public

Post anon please! Is there any form of income where mep CANNOT take from. I...
Now my daughter is terrified of Police CAS and Hospitals
Carrie Patten
audience: Public

All part of the great destruction of Critical Thinking orchestrated by the US governmen...
A few good lawyers but in general most have their pockets lined with corrupt money
Tess Grant
audience: Public

In my opinion, the only way any of this new amendment will change, is to start at the b...
CAS dictates parents who would like to see kid need to do a boundery course or parenting course
Canada Court Watch
audience: Public

I have a question what should a person do when the Children's Aid Society want the fami...
Re: Deprived Alienated and Indoctrinated child tells loving devoted Father to F off Audio linked
Trevor King
audience: Public

You have to understand that if someone spends a majority of their time with one parent,...
Re: Father Rights Canada what is this group all about
FRAC
audience: Public

We are about help, we are about bringing awareness to the dads, and to the moms that go...
Father Rights Canada / Do any of donations or fundraising go back to fathers?
Reginald Chislett
audience: Authenticated Login and access Father Rights Canada / Do any of donations or fundraising go back to fathers?

Do any of the donations or fundraising go directly back to father's? Contact Lo...
Father Rights Canada Constitutional rights were continually challenged by MEP
Canada
audience: Public

Like geeze! Why cant mep not suspend a class 1 license and make it so its only good for...
Re: Father Rights Canada / Ex is lying and being abusive
Stephen Rode
audience: Public

It is seen as women are always a victim. There won't be much your son can do. Time does ch...
brainsyntax.com

★★★ Join brainsyntax

Log On as Member

X

Interactions between the public and the police: Is swearing at police a criminal disturbance?

Saturday, November 29, 2014 - Police - Thomas Slade - Supreme Advocacy LLP

Synopsis: Justin Kukemueller appealed his conviction of causing a disturbance in or near a public place (Criminal Code, s. 175(1)(a)). The Appellant’s girlfriend, Ms. Wiles, drove a car into a tree on the Appellant’s rural property. It caught on fire and the police and fire department showed up. There was a crowd of young people at the scene and it appeared that everyone had been drinking. The police arrested Ms. Wiles for dangerous driving, after which she struggled and was finally put in a cruiser.

The crowd including the Appellant, who started yelling and swearing. More police arrived. Soon after the Appellant’s father arrived on an off-road vehicle and was arrested for impaired driving. This caused the Appellant to react “with a loud, profane and angry tirade against the police” (para. 5).


About 22 people were present. He was arrested and charged with causing a disturbance. (Later also charged for throwing toilet water on an employee at the police station, but was acquitted on that charge.)


The charges against Ms. Wiles were stayed and the charges against the Appellant’s father were dismissed at trial. The Appellant wasn't (initially) so lucky. At trial, the Appellant was represented by his father. The trial judge found the Appellant’s “behaviour had an effect on the other family and friends who were present and contributed to raising the tension at the scene amongst those people as well as the police” (para. 8). She concluded the Appellant had caused a disturbance. The summary conviction appeal was dismissed. The Court of Appeal, however, granted leave to appeal and allowed the appeal and set aside the conviction (for causing a disturbance).


Importance:
 The decision demonstrates the narrow approach taken by courts to determine what amounts to a criminal disturbance. The Court of Appeal granted leave to appeal because there was “a legal issue of general public importance bearing upon interactions between the public and the police” (para. 13). Specifically, the trial judge and the summary conviction appeal judge failed to apply the governing principles from leading cases: R. v. Lohnes, [1992] 1 S.C.R. 167 & R. v. Swinkels, 2010 ONCA 742.

The issue was whether the Appellant’s acts (shouting, swearing etc.) “cause[d] a disturbance in or near a public place” (para. 17).
The Court of Appeal applied the SCC's narrow approach: “the more restrictive and concrete approach, based upon an interference with the use of a public place rather than mental or emotional upset, provides a sound basis upon which to achieve a ‘balance between the individual interest in liberty and the public interest in going about its affairs in peace and tranquility’” (para. 20). It noted that even if the recipients of the obscenities are police that does not necessarily amount to a disturbance.

There must be evidence that the “conduct interfered with the public’s normal activities or with the ordinary and customary use by the public of the place in question” (para. 25). The question is not whether the conduct is “obnoxious or deplorable but whether it was criminal” (para. 27).


Source:
canliiconnects.org/en/summaries/26956



1
last update
Saturday, November 29, 2014
legal disclaimer
Audience
Public
Add new
---
Share this Page
Generate PDF file
Generate document Interactions between the public and the police: Is swearing at police a criminal disturbance?
Download PDF
Contact
Search Google about
Search bing.com about
Content feed
RSS content feed: Interactions between the public and the police: Is swearing at police a criminal disturbance?
Notified by email email notification on replies to this page: Interactions between the public and the police: Is swearing at police a criminal disturbance? click here and receive notification of this specific page
Add your Comment Reply add your comments to: Interactions between the public and the police: Is swearing at police a criminal disturbance? Reply to in a new window
Create a new page
0 replies
Access Brainsyntax

★★★ ★★★ Become a brainsyntax Member ★★★ ★★★

Access non public pages as Member
Introduce or record new content We are also assisting with content placement, subjects: Family Courts, Family Law Cases, Parental Alienation, Lawyers & Judges, Obstructions of Justice, Police, Courts, spiteful ex's, Hostile aggressive parenting, injustice, malice, obstruction, oppression and many other subjects ... Contact us

★★★ ★★★ Brainsyntax Members, Add new content, build the brainsyntax.com application ★★★ ★★★
Back || Home
X
Latest pages on brainsyntax.com: