Drinking in public: public intoxication laws in Canada

Good news for people cooped up in their homes due to Covid-19 restrictions: drinking in public might be a thing this summer. A Vancouver city councillor plans to present a motion to permit the consumption of alcoholic drinks in designated areas in parks and on beaches.

With bars, pubs, and restaurants closed for the foreseeable future, the proposed solution is a way to allow struggling local businesses to sell takeaway drinks while also letting people blow off some steam. It seems the coronavirus pandemic is having a similar impact on attitudes to drinking in public in the USA.

The Vancouver city council motion is up for debate on May 26. However, there are a lot of hurdles it will have to pass before it becomes a reality. Not least, concerns about social distancing. An even bigger hurdle is the long-standing fear that it will lead to an increase in public intoxication. So if drinking in public does become a thing this summer, then what? What laws will people partaking an open-air aperitif contend with?

Is drinking in public a crime?

The laws in B.C. prohibit the consumption of alcohol in a public place except for places licensed or designated by a municipality or regional district. Section 73 of B.C.’s Liquor Control and Licensing Act limits the consumption of alcohol to the home, private places, and businesses licensed to serve alcohol. You can drink in the open air only if it’s a private place, such as on your property or at your campsite.

Is public intoxication a crime?

Public intoxication is an offence under both federal and provincial law. At the federal level, Section 175 of the Criminal Code makes it an offence to cause a disturbance in a public place by being drunk.

The offence is punishable on summary conviction. This means it carries up to six months in jail or a fine of up to $5,000 or both. Note that you actually have to cause a disturbance in order for police to charge you.

In B.C., however, you can be charged for simply if you are drunk in a public place. S. 74 of the Liquor Control and Licensing Act states:

(1) A person who is intoxicated must not remain in a public place.

(2) A peace officer may arrest, without a warrant, a person who is intoxicated in a public place.

The act’s wording provides police officers a lot of discretion to decide whether or not someone is “intoxicated” so be careful.

Penalties for intoxication in a public place

A police officer can arrest you and give you a fine of $115 if they suspect you of public intoxication. Case law has determined that there has to be some evidence the arrest is necessary. As a result, you have to be causing some risk to your own safety or the safety of the public.

Does public intoxication show up on your record

Yes, being drunk and causing a disturbance is a Criminal Code offence. You will receive a criminal record. If convicted of public intoxication under B.C.’s Liquor Control and Licensing Act, however, you will not get a criminal record.