Charges Defended > Unlawful Assembly

What is the charge of “Unlawful assembly” under the Criminal Code?

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.

When can a 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.

What is the possible punishment for unlawful assembly under the Criminal Code?

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

What is the charge of “Riot” under the Criminal Code?

64. A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

What is the possible punishment for riot under the Criminal Code?

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.