What is the test for the offence of shouting in a public place?

Saskatchewan, Canada


The following excerpt is from Poole v. Tomlinson, 1957 CanLII 197 (SK QB):

From the stated case it seems that the learned magistrate entertained some doubt as to whether the act of shouting in a public place in itself constituted an offence under the by-law. After some deliberation he delivered the decision appealed from, which reads: “I think the entire question is answered in the dictum of Doak, D.C.J., in the case of Rex ex rel Yip On v. Benson 1928 CanLII 235 (SK QB), [1928] 3 WWR 605, in the final paragraph at p. 606. “By analogy the shouting creates a disturbance and, of course, since the admission of facts finds it was on the street in front of the police station it goes without saying that the offence is complete. “Accordingly, the accused is found guilty of the charge and the question of fine and costs may be spoken to at the time of judgment.”

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