Unlawful Assembly and Rioting (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2021. (Rev. # 90422)

Offence Wording

Unlawful assembly

63 (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
Lawful assembly becoming unlawful

(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

Exception

(3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.
R.S., c. C-34, s. 64.

CCC (CanLII), (DOJ)


Note up: 63(1), (2) and (3)

Riot

64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
R.S., c. C-34, s. 65.

CCC (CanLII), (DOJ)


Note up: 64

Punishment of rioter

65 (1) Every person who takes part in a riot is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Concealment of identity

(2) Every person who commits an offence under subsection (1) [rioting] while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.


R.S., 1985, c. C-46, s. 65; 2013, c. 15, s. 2; 2019, c. 25, s. 10.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 65(1) and (2)

Punishment for unlawful assembly

66 (1) Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

Concealment of identity

(2) Every person who commits an offence under subsection (1) [unlawful assembly] while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 66; 2013, c. 15, s. 3.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 66(1) and (2)

Offences related to proclamation

68. Every one is guilty of an indictable offence and liable to imprisonment for life who

(a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;
(b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 [reading proclamation] is made within thirty minutes after it is made; or
(c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.

R.S., c. C-34, s. 69.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 68

Neglect by peace officer

69 A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 69; 2019, c. 25, s. 11

CCC (CanLII), (DOJ)


Note up: 69


Case Digests

Keywords: None}}
Case Name Prv. Crt. Sentence Summary
R v Arnaquq, 2020 NUCJ 14 (CanLII), per Bychok J NU
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Keywords: prison riot
R v Leclair, 2020 ONCJ 260 (CanLII), per Kwolek J ON PC
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Keywords: prison riot
R v Coulombe, 2016 QCCQ 7140 (CanLII), per Beaulieu J QC PC probation
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Keywords: None
R v Singh, 2014 BCPC 139 (CanLII), per Bahen J BC PC Conditional Discharge The offender plead guilty to participating in the Vancouver Olympics riots. He was one of 300 people who looted a store resulting in almost a million dollars in losses. Crown sought CSO.
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Keywords: None
R v Johal, 2014 BCPC 89 (CanLII), per Rideout J BC PC Suspended Sentence
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Keywords: None
R v Williams, 2013 BCCA 116 (CanLII), per Garson JA BC CA 90 days imprisonment
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Keywords: None
R v Peepre, 2013 BCCA 115 (CanLII), per Garson JA BC CA 60 days "British Columbia Court of Appeal upheld a 60 day jail sentence for a first time offender who took part in the Vancouver riot after Vancouver lost the Stanley Cup in 2011.The court pointed out some aggravating factors would include whether the conduct incited others; engaging in additional criminal activity; arson; wearing a mask; committing multiple criminal acts in multiple locations. The case listed 25 cases of young offenders with little or no criminal records and compared the sentences assessed."
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Keywords: None
R v Chou, 2013 BCPC 23 (CanLII), per Dhillon J BC PC 90 days CSO
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Keywords: None
R v Renderos, 2012 BCPC 467 (CanLII), per Palmer J BC PC 45 days imprisonment + P "- Present for three hours

- Covered his face with a bandana during his participation - Threw objects at the windows of the Bay, attempted to kick in the window at a shoe store - Kicked a vehicle while others were attempting to light it on fire - Entering a store and stealing 3 purses" [1]
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Keywords: None
R v Dickinson, 2012 BCPC 40 (CanLII), per MacLean J BC PC
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Keywords: guilty plea — Stanley Cup Riot
R v Andrews, 2012 BCPC 486 (CanLII), per Palmer J BC PC 3 months CSO plus probation
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Keywords: None
R v Hodson, 2012 BCPC 468 (CanLII), per Palmer J BC PC 18 months CSO "- Damaged coffee shop window by repeatedly striking it with a garbage can; entered the coffee shop and destroyed tables inside" [2]
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Keywords: None
R v Wernicke, 2012 BCPC 451 (CanLII), per Bagnall J BC "- Participated in the destruction of two marked police cars (threw a pallet at one of the cars)

- Stayed downtown for “some time”, watching and filming the riot" [3]
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Keywords: Stanley Cup Riot
R v Dickinson, 2012 BCPC 40 (CanLII)Template:Per BC
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Keywords: Stanley Cup Riot
R v Dorosh, 2012 BCPC 370 (CanLII), per Kitchen J BC
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Keywords: Stanley Cup Riot
R v Snelgrove, 2012 BCPC 235 (CanLII), per Rideout J BC
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Keywords: Stanley Cup Riot
R v Yates, 2012 BCPC 250 (CanLII), per Low J BC
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Keywords: Stanley Cup Riot
R v Alviar, 2012 BCPC 181 (CanLII)Template:Per BC
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Keywords: Stanley Cup Riot
R v Cacnio, 2012 BCPC 314 (CanLII)Template:Per BC
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Keywords: Stanley Cup Riot
R v Sawicki, 2012 BCPC 411 (CanLII), per St. Pierre J BC PC "- Present when riot started, did not leave the area until midnight

- Attacked two vehicles, attempted to overturn one of the vehicles, lit items on fire and threw them in one of the vehicles (the vehicle was subsequently destroyed by fire)" [4]
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Keywords: Stanley Cup Riot
R v Catenacci, 2012 ONCA 187 (CanLII), per curiam ON CA
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Keywords: G20 riot
R v Horton, 2012 ONCJ 724 (CanLII), per Brown J ON PC
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Keywords: G20 riot
R v Patillo, 2012 BCPC 299 (CanLII), per Bangall J BC PC
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Keywords: None
R v Ravindharaj, 2012 ONSC 6260 (CanLII), per Molloy J ON SC
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Keywords: G20 riot
R v Long, 2012 BCPC 454 (CanLII), per St. Pierre J BC PC
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Keywords: Stanley Cup Riot
R v Pateman, 2012 BCPC 455 (CanLII), per St. Pierre J BC PC
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Keywords: Stanley Cup Riot
R v Burkett, 2012 BCPC 315 (CanLII), per Senniw J BC PC
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Keywords: Stanley Cup Riot
R v Cote, 2011 ONCJ 778 (CanLII), per Feldman J ON PC
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Keywords: G20 riot
R v Henry, 2011 ONCJ 501 (CanLII)Template:Per ON PC
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Keywords: G20 riot
R v Anderson et al, 2005 BCSC 1681 (CanLII), per Smith J BC SC 6 months imprisonment (riot)
12 months imprisonment (mischief over)

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Keywords: found guilty — arson — prison riot
R v Yonkman, 2005 BCSC 1842 (CanLII), per Beames J BC SC
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Keywords: guilty plea — prison riot
R v Mickey, 2002 CanLII 25462 (NB KB), per Riordon J NB SC 3.5 years imprisonment
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Keywords: three days — prison riot
R v Pace, , [1996] N.B.J. No. 498, (NBQB)(*no CanLII links)

, per Riordon J || NB || SC || 25 months imprisonment ||

Keywords: None
R v Loewen, 1992 CanLII 6003 (BCCA), (1992) 75 CCC (3d) 184, per Carrothers JA BC CA 6 months imprisonment {PlusP {{{5}}}
R v Loewen, 1992 CanLII 6003 (BC CA) BC CA 6 months imprisonment see [5]
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Keywords: Penticton Riot