View source for Unlawful Assembly and Rioting (Offence)

{{Currency2|May|2020}}
{{LevelZero}}{{HeaderOffences}}

{{OffenceBox 
|OffenceTitle=Unlawful Assembly and Rioting 
|OffencePage=Unlawful Assembly and Rioting 
|Section=65, 68, and 69
|Act={{OBCCC}} 
|CrownElection={{OBIndictableElection}} (65, 68, or 69)/{{OBSummaryElection}} (66) 
|Jurisdiction={{OBJurisdictionAll}} 
|Bail={{OBBailVar}} 
|SummaryDisp= {{OBDispAll}}
|SummaryMin= {{OBMinNone}} 
|SummaryMax= {{OBSConviction}} 
|IndictableDisp=  {{OBDisp14orLifeVar}} 
|IndictableMin= {{OBMinNone}} 
|IndictableMax= {{OBTime|2 years}} or {{OBMaxLife}} }}

==Overview==
{{seealso|Powers to Suppress Riots}}
{{OverviewII|unlawful assembly and rioting}}

; Pleadings

{{PleadingsHeader-N}}
{{PleadingsIndictableList-N|s. 65 {{DescrSec|65}},<br>s. 68 {{DescrSec|68}}<br>s. 69 {{DescrSec|69}} | {{NA}} | {{Yes}} | {{No-Under14}} }}
{{PleadingsSummaryList-N|s. 66(1) {{DescrSec|66(1)}} | {{No}} | {{No}} | {{No-Under14}} }} 
{{PleadingsHybridList-N|s. 66(2) {{DescrSec|66(2)}} | {{Yes}} | {{Yes}} | {{No-Under14}} }} 
{{PleadingsEnd}}

{{PleadingsIndictElection|s. 65 {{DescrSec|65}}, 68 {{DescrSec|68}}, and 69 {{DescrSec|69}}}}

{{PleadingsSummary|s. 66 {{DescrSec|66}} }}

; Release
{{ReleaseHeader}}
|s. 65 {{DescrSec|65}} and 69 {{DescrSec|69}}|| {{ReleaseProfile-Hybrid}} 
|-
|s. 66(1) {{DescrSec|66(1)}} and <Br>s. 66(2) {{DescrSec|66(2)}} || {{ReleaseProfile-Summary}} 
|-
|s. 68 {{DescrSec|68}}|| {{ReleaseProfile-Indictable}} 
|-
{{ReleaseEnd}}

{{ReleaseOptions-Hybrid|s. 65 {{DescrSec|65}}, 66 {{DescrSec|66}} or 69 {{DescrSec|69}} }}

{{ReleaseOptions-Indictable|s. 68 {{DescrSec|68}}}}

:''<u>Reverse Onus Bail</u>''
{{ReverseOnusCirc}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|-
|s. 65 {{DescrSec|65}}, 66 {{DescrSec|66}}, 69 {{DescrSec|69}}|| {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO no: max < 10 yrs--> || {{XMark}} <!--consent-->
|-
|s. 68 {{DescrSec|68}} || {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{OKMark}} (varies) <!--SPIO--> || {{XMark}} <!--consent-->
{{DesignationEnd}}
{{SeeBelowForAncillary}}
{{reflist|2}}

==Offence Wording==
{{quotation2|
; 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.
<br>
; 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.
<br>
R.S., c. C-34, s. 64.
|{{CCCSec2|63}} 
|{{NoteUp|63|1|2|3}}
}}

{{quotation2|
; Riot
64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.
<br>
R.S., c. C-34, s. 65.
|{{CCCSec2|64}}
|{{NoteUp|64}} 
}}

{{quotation2|
; 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) {{AnnSec0|65(1)}} 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.
<Br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 65; 
{{LegHistory10s|2013, c. 15}}, s. 2;
{{LegHistory10s|2019, c. 25}}, s. 10.
{{Annotation}}
|{{CCCSec2|65}}
|{{NoteUp|65|1|2}} 
}}

{{quotation2|
; 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.
<Br>
; Concealment of identity
(2) Every person who commits an offence under subsection (1) {{AnnSec0|66(1)}} 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., {{LegHistory80s|1985, c. C-46}}, s. 66; 
{{LegHistory10s|2013, c. 15}}, s. 3.
{{Annotation}}
|{{CCCSec2|66}}
|{{NoteUp|66|1|2}} 
}}

{{quotation2|
; 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 {{AnnSec0|67}} 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 {{AnnSec0|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}}
|{{CCCSec2|68}}
|{{NoteUp|68}}
}}

{{quotation2|
; 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., {{LegHistory80s|1985, c. C-46}}, s. 69;
{{LegHistory10s|2019, c. 25}}, s. 11
|{{CCCSec2|69}}
|{{NoteUp|69}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
| 65(1)
| rioting
|"{{ellipsis1}}, did take part in a riot contrary to section 65(1){{CCC}}."
|-
| 65(2)
| concealment while rioting
|"{{ellipsis1}}, while wearing a [mask or other form of concealment] to conceal his identity, did take part in a riot contrary to section 65(2){{CCC}}."
|-
| 66(1)
| unlawful assembly
|"{{ellipsis1}}, was a member of an unlawful assembly contrary to section 66(1){{CCC}}."
|-
| 66(2)
| concealment of ID in unlawful assembly
|"{{ellipsis1}}, while wearing a [mask or other form of concealment] to conceal his identity, was a member of an unlawful assembly contrary to section contrary to section 66(2){{CCC}}."
|-
| 68(a)
| offences re proclamation &ndash; stops proclamation
|"{{ellipsis1}}, did [oppose, hinder, or assault] wilfully and with force [name of proclaiming peace officer], a person who was beginning or about to begin to make, or was making a proclamation to disperse pursuant to s. 67, so that it was not be made contrary to section 68(a){{CCC}}."
|-
| 68(b)
| offences re proclamation &ndash; not disperse 
|"{{ellipsis1}}, did 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 contrary to section 68(b){{CCC}}."
|-
| 68(c)
| offences re proclamation &ndash; not disperse after stopping proclamation
|"{{ellipsis1}}, did 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 [he or some person] had not opposed, hindered or assaulted, wilfully and with force, [name of proclaiming peace officer] a person who would have made it contrary to section 68(c){{CCC}}."
|-
| 69
| failing to suppress riot
|"{{ellipsis1}}, being peace officer who received notice that there was a riot within their jurisdiction and, without reasonable excuse, failed to take all reasonable steps to suppress the riot contrary to section 69{{CCC}}."
{{DraftEnd}}

==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|unlawful assembly and rioting|63}}
{{InitialElements}}
# {{box}} the culprit was a member of an assembly of three or more persons;
# {{box}} there as a common intent to carry out a "common purpose";
# {{box}} the assembly conducted themselves as to "cause persons in the neighbourhood of the assembly to fear" that they (a) "disturb the peace tumultuously" ''or'' (b) "will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously."
# {{box}} the fear was reasonably held; and 
# {{box}} the assembly is not "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".

{{ElementRight}}

{{Proving|rioting|65}}
{{InitialElements}}
# {{box}} the culprit was the member of "an unlawful assembly that has begun to disturb the peace tumultuously"
# {{box}} the culprit performed the prohibited act "while wearing a mask or other disguise to conceal their identity" (aggravating factor).

{{ElementLeft}}

{{Proving|offences related to proclamation|68}}
{{InitialElements}}
# {{box}} the culprit either:
## {{box}} "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;"
## {{box}} "does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made;" or
## {{box}} "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."

{{ElementRight}}

{{Proving|neglect by peace officer|69}}
{{InitialElements}}
# {{box}} the culprit is a "peace officer";
# {{box}} the culprit "receives notice that there is a riot within his jurisdiction"
# {{box}} the culprit "fails to take all reasonable steps to suppress the riot"; and 
# {{box}} the culprit was "without reasonable excuse".

{{ElementEnd}}

==Reading Proclamation==

{{quotation2|
; Reading proclamation
67. A person who is
:(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,
:(b) a warden or deputy warden of a prison, or
:(c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the ''Corrections and Conditional Release Act'', or that person’s deputy,<br>
who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

:'''Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.'''
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 67; {{LegHistory90s|1994, c. 44}}, s. 5.
|{{CCCSec2|67}}
|{{NoteUp|67}}
}}

The proclamation must be read "in the words referred to in s. 67 or in words which have the same meaning and convey the same message as the words... in s. 67."<ref>
{{CanLIIRP|Thorne|1jhts|2004 NBCA 102 (CanLII)|192 CCC (3d) 424}}{{perNBCA|Deschênes JA}}{{atL|1jhts|12}}<br>
</ref>
The judge should not redact reference to the penalty described in the proclamation.<ref>
Thorne<br>
</ref>

; Definitions
"Justice" and "peace officer" are defined in s. 2 of the Code.

{{reflist|2}}

==Interpretation of the Offence==

; Rioting
Section 65 is a general intent offence.<ref>
{{CanLIIRx|Kirkwood|fx57v|2013 BCPC 84 (CanLII)}}{{perBCPC|Bagnall J}}{{AtL|fx57v|22}}<Br>
</ref>
It is not a strict liability offence.<Ref>
{{CanLIIRP|Brien|7cgh|1993 CanLII 2842 (NWT SC)| , 86 CCC (3d) 550}}{{perNWTSC|de Weedt J}}<Br>
</ref>

; Unlawful assembly
For a conviction under s. 66, the accused must be aware that the assembly was for the purpose of disturbing peace and that their conduct would cause reasonably-grounded neighbourhood to fear that they will be disturbed tumultuously.<ref>
{{CanLIIRP|Lecompte|1f8sd|2000 CanLII 8782 (QC CA)|149 CCC (3d) 185}}{{perQCCA|Beauregard JA}}{{atL|1f8sd|14}}<br>
</ref>


; Proclamation
Proof of "compliance with s. 67 is an essential ingredient of a s. 68 offence."<ref>
{{CanLIIRP|Thorne|1jhts|2004 NBCA 102 (CanLII)|192 CCC (3d) 424}}{{perNBCA|Deschênes JA}}{{atL|1jhts|8}}<Br>
{{CanLIIRP|Greenhow|1g7wt|2004 ABCA 22 (CanLII)|[2004] AJ No 38}}{{perABCA|Wittmann JA}}{{atL|1g7wt|9}}<br>
</ref>

; Misc Definitions
"Tumultuously" requires " some elements of violence or force which may be exhibited by menaces of threats."<ref>
{{CanLIIR-N|Lockhart| (1976), 15 NSR (2d) 512 }}<br>
{{CanLIIRP|Berntt|1wnxn|1997 CanLII 12528 (BC CA)|120 CCC (3d) 344}}{{perBCCA|Braidwood JA}}{{atL|1wnxn|22}}<br>
</ref>

; Constitutionality
Section 65 does not violate s. 7 or 11(d) of the Charter.<Ref>
{{supra1|Brien}}<Br>
</ref>

{{reflist|2}}

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS -->
|s. x {{DescrSec|x}} || || ||
|-
{{VictimEnd}}<!--
{{606Notice5Y|XX}}
{{606NoticeSPIO|XX}}
-->
{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

; Maximum Penalties
{{MaxPenaltyIndictment|s. 65 {{DescrSec|65}}, 68 {{DescrSec|68}} and 69 {{DescrSec|69}}|'''{{Max2Years}}''' under s. 65 and 69 or '''{{MaxLife}}''' under s. 68}}

{{MaxPenaltySummary|s. 66 {{DescrSec|66}} |'''{{summaryconviction}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{SProfileAvailHeader}}
|s. 65 {{DescrSec|65}}, 66 {{DescrSec|66}}, or 69 {{DescrSec|69}}|| {{NA}} || {{SProfileAll}}
|-
|s. 68 {{DescrSec|68}} || any || {{SProfileNoDischarge}}
|-
{{SProfileEnd}}

{{AllDispositionsAvailable1|65 {{DescrSec|65}}, 66 {{DescrSec|66}}, or 69 {{DescrSec|69}}}}

{{NoCSOAvailable|C|s. 68 {{DescrSec|68}}}}
{{NoDischargeAvailable|this offence}}

; Consecutive Sentences
{{NoConsecutive}}

===Principles===
The most important consideration on sentence is that of the goal of general deterrence.<Ref>
{{CanLIIR|Yonkman|1mmx0|2005 BCSC 1842 (CanLII)}}{{perBCSC|Beames J}}
</ref>

{{reflist|2}}

===Ranges===
{{seealsoRanges|Unlawful Assembly and Rioting}}

==Ancillary Sentencing Orders==
'''Offences-specific Orders'''
{{AOrderHeader}}

{{AOrder1| [[DNA Orders]] | s. 65(2), 66(2) or 68 {{DescrSec|68}} |
* {{SecondDNA(AorB)Hybrid|s. 66(2)}}
* {{SecondDNA(AorB)|s. 65(2) or 68}} }}
{{AOrderEnd}}

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==Record Suspensions and Pardons== 

{{RecordSuspension|s. 65(2), 66(2) or 68 {{DescrSec|68}} }}

==History==
===1985 to 2013===
{{quotation1|
; Punishment of rioter
65. Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
<Br>
R.S., c. C-34, s. 66.
<Br>
; Punishment for unlawful assembly
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
<br>
R.S., c. C-34, s. 67.
|[http://canlii.ca/t/51wkj#sec65 CCC]
}}

==See Also==
* [http://en.wikipedia.org/wiki/Riot_Act Riot Act]  (1714) (1 Geo.1 St.2 c.5) - the original British source of this offence
; References
* [[Pre-Trial and Trial Motions Checklist]]