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

Click for the video
January 27 2020

I miss my step daughter and Ill miss Philip forever
Unknown audience: Public
You are an absolute idiot. Galena always speaks highly of the father of her child. Do y...
You should hold your mom accountable for what she did
Marc Reed audience: Public
You should hold your mom accountable for what she did. Think about all the things you a...
R.I.P Stephanie Jobin
Donna audience: Public
I def remember this. I remember it very clearly as I lived in that house with Stephanie...
Danny O'Moore uninterested parent
danny omoore audience: Authenticated Login and access Danny O'Moore uninterested parent
Danny, Dan, Daniel O'Moore / Ninnes, claiming to be an alienated parent, yet has c...
June 2012
Vincent audience: Authenticated Login and access June 2012
you, me for the first times, Hilary taking a video - Just north of here Attachments &...

Authors & content contributions
Member Login
Page Grid

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

Join 10622 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


To my children & To those that may be concerned ...
Advocacy Canada
Re: Injustices by Tom Wood of the Barrie, Orillia or Gravenhurst Ontario court

audience: Public

 in response to the father who just had to pay a lawyer and face Justice Woods rec...
Re: The Thoughts of Targeted Parents of Parental Alienation
Joseph Goldberg
audience: Public

...Father's Day, What Father's Day ? ........ How Parental Alienation Effects Father's ...
Parental Alienation is abuse Any parent who withholds time to another parent is guilty of abuse
audience: Authenticated Login and access Parental Alienation is abuse Any parent who withholds time to another parent is guilty of abuse

Here is the audio recording of the specific phone call just a few hours ago September 1...
Re: Childrens Aid Ontario snatches children - Three Week Trial Has Begun for Custody of a Young Girl
Don Carter
audience: Public

They can't use low income as grounds for an apprehension...they would have to apprehend...
Wasting valuable time in the court room just because the woman wants to be vindictive
Diana Ernest
audience: Public

The sad thing is that I know of several men who are actually the better parent than the...
First thing that needs to be done is abolish family court lawyers
Becki Hoffer
audience: Public

The biggest most overt evil in our society. If your son stops blaming himself, tha...
Re The lack of Accountability Childrens Aid Societies of Ontario Canada
Renee F. McDonald
audience: Public

and a disgrace!!! There is a new way to spell HELL and that is CAS
Father Rights Canada / Father being denied access in Manitoba

audience: Public

Depends on if they have a current order in place and what that order states for access<...
Authorites sexually assaulting and torturing and jailing people
Kendra Welch
audience: Public

Parental Alienation teaches a child that it is ok to throw someone in your family away ...
Lifting The Veil of Family and Children Services Canada
Cari Lee
audience: Public

For reasons still unknown to us F.A.C.S. (Family and Children Services) tried to impose...

★★★ Join brainsyntax

Log On as Member


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).

 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).


last update
Saturday, November 29, 2014
legal disclaimer
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
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
Latest pages on brainsyntax.com: