Is it necessary to mention that I was put in a drunk tank?

[profiler]

I actually just looked it up. I found that Manitoba had an actual Act for this (the "Intoxicated Persons Detention Act"), but even in there, they state that the person must leave on their own within 24h OR can be signed out by a person who can be responsible (themselves or family). So yes, they can leave when it's safe for them to do so.

The customary link: http://web2.gov.mb.ca/laws/statutes/ccsm/i090e.php

And the obligatory: deepest respect and apologies to Ponga and to canadianwoman. Awesome work you folks do. I aspire to be half as good when I grow up ! I just want to keep it honest. I hope you do the same for me (and I sincerely appreciate it!!!)

That said, It's not detention as interpreted by CIC. That's for criminal matters. Not personal safety matters. Ya?

EDIT: for Ontario, there is *nothing* in the liquor license act that describes detention unless it's 90 days

Clearly other duristictions may differ, but I'd say it's safe to say no on that issue.

 

[UA2014]

Drunk in public is Section 31/4 under the Liquor Licence Act of Ontario. When they release you on 31/4 they give you a notice to appear in court in front of a POA judge (Provincial Offenses Act), so this likely is an arrest. It is criminal if you have to appear. If they just let you go you got lucky.

https://www.ontario.ca/laws/statute/90l19#BK36

A Form 1 in Ontario is a 72 hour psychiatric evaluation where you are committed in custody of the police to the care of a physician. This is likely not an arrest, since you are mentally Ill, even temporarily.

https://en.m.wikipedia.org/wiki/Ontario_Mental_Health_Act

I'm not a lawyer or police, but this is my understanding of it. Don't ask lol.

 

[Aquakitty]

Drunk in public is Section 31/4 under the Liquor Licence Act of Ontario. When they release you on 31/4 they give you a notice to appear in court in front of a POA judge (Provincial Offenses Act), so this likely is an arrest. It is criminal if you have to appear. If they just let you go you got lucky.

https://www.ontario.ca/laws/statute/90l19#BK36

A Form 1 in Ontario is a 72 hour psychiatric evaluation where you are committed in custody of the police to the care of a physician. This is likely not an arrest, since you are mentally Ill, even temporarily.

https://en.m.wikipedia.org/wiki/Ontario_Mental_Health_Act

I'm not a lawyer or police, but this is my understanding of it. Don't ask lol.

The thing is, you are talking about "official" designations. When you go to the drunk tank, it's unlikely any of that will happen. If it did, you'd know as you'd end up with some kind of ticket.

If they just throw you in the tank and release the next day, you aren't arrested.

 

[UA2014]

The thing is, you are talking about "official" designations. When you go to the drunk tank, it's unlikely any of that will happen. If it did, you'd know as you'd end up with some kind of ticket.

If they just throw you in the tank and release the next day, you aren't arrested.

I would suggest that very few people these days are "just released" for Public Intoxication. And in these wonderful days of liability and legal dilemmas for municipalities and Police, I highly doubt people just get held on nothing and released. I cannot divulge much more than this for personal and legal reasons but this is the legal framework of an arrest for Public Intoxication. I doubt it would have any impact on the OP's application if he is the sponsor, it's a fairly common charge.

Several years ago the Crown was seeking a $500 fine + victim surcharge in my city for this offense.

Respectfully, I'm just giving the facts, your mileage may vary.

 

[canadianwoman]

I actually just looked it up. I found that Manitoba had an actual Act for this (the "Intoxicated Persons Detention Act"), but even in there, they state that the person must leave on their own within 24h OR can be signed out by a person who can be responsible (themselves or family). So yes, they can leave when it's safe for them to do so.

The customary link: http://web2.gov.mb.ca/laws/statutes/ccsm/i090e.php

And the obligatory: deepest respect and apologies to Ponga and to canadianwoman. Awesome work you folks do. I aspire to be half as good when I grow up ! I just want to keep it honest. I hope you do the same for me (and I sincerely appreciate it!!!)

That said, It's not detention as interpreted by CIC. That's for criminal matters. Not personal safety matters. Ya?

No problem. I also went to check on some cases on CanLII. It's best to verify things if one can.

 

[Aquakitty]

I would suggest that very few people these days are "just released" for Public Intoxication. And in these wonderful days of liability and legal dilemmas for municipalities and Police, I highly doubt people just get held on nothing and released. I cannot divulge much more than this for personal and legal reasons but this is the legal framework of an arrest for Public Intoxication. I doubt it would have any impact on the OP's application if he is the sponsor, it's a fairly common charge.

Several years ago the Crown was seeking a $500 fine + victim surcharge in my city for this offense.

Respectfully, I'm just giving the facts, your mileage may vary.

Probably depends on your province and city. If they gave everyone a charge for going in the drunk tank I think they'd be overwhelmed. I have alcoholic family members (yay) who have been in the drunk tank several times. No charges, nothing on record.

 

[profiler]

I would suggest that very few people these days are "just released" for Public Intoxication. And in these wonderful days of liability and legal dilemmas for municipalities and Police, I highly doubt people just get held on nothing and released. I cannot divulge much more than this for personal and legal reasons but this is the legal framework of an arrest for Public Intoxication. I doubt it would have any impact on the OP's application if he is the sponsor, it's a fairly common charge.

Several years ago the Crown was seeking a $500 fine + victim surcharge in my city for this offense.

Respectfully, I'm just giving the facts, your mileage may vary.

Don't they just send you on your way? I've never had any of this, and as a teen i was routinely excessively Intoxicated in public... they'd just send me home, or even drive me there...

 

[profiler]

No problem. I also went to check on some cases on CanLII. It's best to verify things if one can.

CanLII is great, but case law indicates that the person had at least been fined though. The OP wasn't.

Totally agree that a fine would make it a lawful detention, and there would be a reason that the person was charged.

In the OPs case, my opinion is they did it for personal safety. That's why I don't think this was a "detention". A family member could have likely signed the OP out.

If there was a fight, or damage to property, or some other reason to lawfully detain and issue a ticket when sober, then totally it was detention.

 

[Aquakitty]

Interesting tidbit I found on CanLII

The drunk tank is a special cell designed for the safe custody of drunken persons. Its only furniture is a combined wash basin and toilet, so constructed as to have practically no projections upon which a drunken person could injure himself. The cell is situated close to the main police office, the door being about 10 feet from the guard's station. The door has a small window for the observation of those inside, fitted with "one way" glass. This glass enables anyone outside, when the area is unlit, to observe those inside without himself being seen by them.


However, I did find this:

The basic facts of this case are not in dispute. On the evening of May 19, 2006, John Wayne Murray (the “plaintiff”) was arrested by members of the Calgary Police Service (“CPS”) and taken to the arrest processing unit where he was placed in a holding cell with a number of other arrested persons. This holding facility is commonly referred to as the “drunk tank”.

which seems to indicate everyone in the drunk tank was "under arrest".

Same thing here:

Ms. Daneliuk likens this situation to a "drunk tank" arrestee and argues forcefully that persons arrested on minor offences (such as "drunk tank" arrestees) should not be strip searched

Hmm, maybe we are wrong after all, or maybe it's so minor some people aren't actually "arrested" officially.

 

[UA2014]

Don't they just send you on your way? I've never had any of this, and as a teen i was routinely excessively Intoxicated in public... they'd just send me home, or even drive me there...

Yeah that doesn't really happen anymore. Gotta get that "revenue tool" money.

 

[Anon_ymous12]

I woke up in the drunk tank after a night out. I’ve never blacked out that way, the bar I went to, I’m pretty sure drugged me. I didn’t realize til after I got home and started to feel the worst hangover of my life. Sweating, shaking and vomiting. I woke up in the tank with no under clothes on. They had my bra with my purse and shoes and my underwear was tucked in my leggings pants line when I came to. Was the worst night of my life and no one believes me.