The appellant was convicted of causing a disturbance after shouting obscenities at a neighbour from his veranda.
The trial judge and summary conviction appeal court held that the conduct itself constituted a disturbance, and the Court of Appeal refused leave to appeal.
The Supreme Court of Canada allowed the appeal and entered an acquittal, holding that a 'disturbance' under the Criminal Code requires an externally manifested disturbance of the public peace, not merely emotional upset or annoyance.
