The appellant was convicted of causing a disturbance after yelling obscenities at police officers who were arresting his girlfriend and father on his rural property.
The trial judge and summary conviction appeal judge found that his conduct contributed to raising tension at the scene.
On appeal, the Court of Appeal held that the lower courts erred in law by failing to apply the governing principle that a disturbance requires an overtly manifested interference with the ordinary and customary use of a public place.
Emotional upset or raising tension is insufficient.
The appeal was allowed and the conviction set aside.
