Public intoxication in Nova scotia

[NSBoy902]

Good afternoon everyone,

I have a ticket for Being intoxicated in public place in Nova Scotia the other day. I was not intoxication and I was sitting on the side-walk and resting my foot. I have a foot injury. But, yes, I did have a few drinks. I was not causing any problems but was only sitting on the side-walk. I may not challenge this and just pay for the ticket.

Cops took me to the police station and spent a few hours in a cell and then I was released with Being intoxicated in public place - Section 87(1) Liquor Control Act Nova Scotia ticket. The cop did not read my rights or anything like that.


My question to you is that What I need to select regarding:


8 - Prohibitions under citizenship act:

A- Are you now or have you ever been in the last 4 years:
- An inmate of a penitentiary, jail, reformatory or prison YES - NO

B - In the past years, have you been convicted of an indictable (crime) or an offence under Citizenship Act? Yes - No


Is "Being intoxicated in public place" an indictable (crime) also staying in a cell in a police station is considered a penitentiary, jail, reformatory or prison?

I thank you for your time and have a wonderful long weekend a Canada Day.

I look forward to your answers.

 

[OKK]

Good afternoon everyone,

I have a ticket for Being intoxicated in public place in Nova Scotia the other day. I was not intoxication and I was sitting on the side-walk and resting my foot. I have a foot injury. But, yes, I did have a few drinks. I was not causing any problems but was only sitting on the side-walk. I may not challenge this and just pay for the ticket.

Cops took me to the police station and spent a few hours in a cell and then I was released with Being intoxicated in public place - Section 87(1) Liquor Control Act Nova Scotia ticket. The cop did not read my rights or anything like that.


My question to you is that What I need to select regarding:


8 - Prohibitions under citizenship act:

A- Are you now or have you ever been in the last 4 years:
- An inmate of a penitentiary, jail, reformatory or prison YES - NO

B - In the past years, have you been convicted of an indictable (crime) or an offence under Citizenship Act? Yes - No


Is "Being intoxicated in public place" an indictable (crime) also staying in a cell in a police station is considered a penitentiary, jail, reformatory or prison?

I thank you for your time and have a wonderful long weekend a Canada Day.

I look forward to your answers.

Public Intoxication is NOT a criminal offence anywhere in Canada, so no it wont go on your record. You were "apprehended" and not arrested for your own safety, they thought you were a harm to yourself, so for your own safety they put you in the detox tank (drunk tank) for the night.
If you got a care and control charge or causing a disturbance while being drunk then its a whole different ball game. The peace officer never read you your rights because simply you was not arrested. In other words whenever there is finger prints involved that is a criminal charge. However you do need to be careful in the future it will remain in the system as a police contact. So to all your questions the answer will be a no. The crime of public intoxication is charged when someone is visibly drunk or under the influence of drugs in a public place. Known in some jurisdictions as drunk and disorderly, the crime is intended to keep the intoxicated person of disturbing the public.
Under most circumstances, police will not charge someone with public intoxication unless it appears that they are not capable of taking care of themselves. They will also make the arrest if there is a threat of danger to others.

If your behavior is loud, boisterous or lewd, the police will also arrest you for public intoxication as long as you appear to be under the influence. In fact, in some states, you do not have to be legally intoxicated - with a blood-alcohol level of 0.08 - to be arrested for public intoxication. The law requires only that you "appear" to be drunk.


I hope this helps

 

[NSBoy902]

Thank you for your time OKK and sharing your thoughts.

I was in a cell at the police station. Cell is a detox tank (drunk tank?

I just double checked the ticket I have here and it says 87(1): Being intoxicated in public places and lucky it is NOT a care and control charge or causing a disturbance while being drunk.

If I was not arrested, why did they handcuff me as a criminal and put me in a cell?

No fingerprints taken. Just a ticket.

Yes, for sure; I will be very careful in the future. This is my first time being in trouble in my life.

I think in NovaSCotia it is called public intoxication and not drunk and disorderly.


You said: Under most circumstances, police will not charge someone with public intoxication unless it appears that they are not capable of taking care of themselves. They will also make the arrest if there is a threat of danger to others.

Well, I was handcuffed and taken to the police station. Was it an arrest?

My behavior was not loud, boisterous or lewd. I was simply sitting on the side-walk and resting my foot.

Well, appear" to be drunk is vague. Then, Cops should charge all the people leaving the clubs after having a few drinks.

So, at the end, I will say no to Question 8 - A and B? I just don't want to lie on my application.

I look forward to your thoughts. Have a good evening.

 

[NSBoy902]

Also, being intoxicated in public- 87(1) Liquor Control Act in Nova Scotia is a criminal conviction ?

 

[OKK]

Thank you for your time OKK and sharing your thoughts.

I was in a cell at the police station. Cell is a detox tank (drunk tank?

I just double checked the ticket I have here and it says 87(1): Being intoxicated in public places and lucky it is NOT a care and control charge or causing a disturbance while being drunk.

If I was not arrested, why did they handcuff me as a criminal and put me in a cell?

No fingerprints taken. Just a ticket.

Yes, for sure; I will be very careful in the future. This is my first time being in trouble in my life.

I think in NovaSCotia it is called public intoxication and not drunk and disorderly.


You said: Under most circumstances, police will not charge someone with public intoxication unless it appears that they are not capable of taking care of themselves. They will also make the arrest if there is a threat of danger to others.

Well, I was handcuffed and taken to the police station. Was it an arrest?

My behavior was not loud, boisterous or lewd. I was simply sitting on the side-walk and resting my foot.

Well, appear" to be drunk is vague. Then, Cops should charge all the people leaving the clubs after having a few drinks.

So, at the end, I will say no to Question 8 - A and B? I just don't want to lie on my application.

I look forward to your thoughts. Have a good evening.

The main cause for a police officer to restrain somebody is purely for the officer safety/ public safety or the person who had been arrested for his/her safety. Drunk tank/cell/detox tank all have the same meaning. Whenever there is a criminal record there are finger prints taken including a mug shot.All over Canada it is known as public intoxication given IF YOU ARE CAUGHT DRINKING IN PUBLIC. In your case you had been placed under arrest for your own safety, you are saying that you were just resting your foot but the officer assumed after speaking to you that you were unable to take care of yourself at the time so rather then just leaving you there he put you in a drunk tank so you could get sober up. You was not a threat but you surely were a concern to the police officer and as per your question why not everyone is placed under arrest coming out of the club, simply for the below mentioned reasons.
1. Cops are not allowed directly to camp out in front of any clubs/bars etc etc
2. Clubs are private property no one can be arrested unless the owner/ agent of the owner (security) makes a complain regarding someone.
Where you were arrested (side walk) that is a city property/public property so as the enforcer working for the local city that officer did what he suppose to be doing.
Let alone being a indictable crime this is not even a crime this is a under a social behavior. Public intoxication is a Provincial Offence and no different than having a speeding ticket.
This wont even show in a 3rd party police back ground check but like i said earlier this will remain in police record as a police contact and in the future if you ever get done for the same reason then you will get more serious fines etc etc.
You can surely check with someone with the information i provided.
Trust me i know what i am talking about i do this for living

 

[OKK]

Also, being intoxicated in public- 87(1) Liquor Control Act in Nova Scotia is a criminal conviction ?

You can call on these number just to find out the local laws Police: 490-5020
General Inquiries: 490-5016. Mind you i am in toronto but i do know about criminal code of Canada and what you got done for is not a crime its a social offence

 

[NSBoy902]

You are awesome and I thank you for your time.

 

[OKK]

You are awesome and I thank you for your time.

You do not get a criminal record if you are convicted of an offence under a provincial or municipal law such as traffic or liquor offences, or parking violations. However, a record of convictions for summary ticket offences, such as traffic or liquor offences, may appear during a CPIC (Canadian Police Information Centre) or JEIN (Justice Enterprise Information Network) search. Although not a criminal record, this information can be used at sentencing if you are later convicted of other offences.

You only get a criminal record for conviction of offences under the Criminal Code of Canada and certain other federal laws such as the Controlled Drugs and Substances Act. This is what most people refer to as a Criminal Record - it is a record of convictions for criminal offences.

 

[NSBoy902]

So, you do not get a criminal record if you found guilty or convicted on this summary offense- found intoxicated in public?
Also, the question 8 A and B is talking about criminal code of canada and any offences and convictions under criminal code and the Citizenship Judge and/or officer does not consider such summary offence at all?

Thanks

 

[OKK]

So, you do not get a criminal record if you found guilty or convicted on this summary offense- found intoxicated in public?
Also, the question 8 A and B is talking about criminal code of canada and any offences and convictions under criminal code and the Citizenship Judge and/or officer does not consider such summary offence at all?

Thanks

lol dude i had provided you with such detailed information i don't know what else to say here

 

[NSBoy902]

I know mat i am just being overly worried ;D

 

[mikeathome]

I know mat i am just being overly worried ;D

If you were only resting your injured foot you should challenge the ticket! Even if you had a few drinks. Did the police take a blood sample? If not, how can they judge how much you were intoxicated? Back-it up with your family doctors report about the injured foot...
Don't just take every ticket. It's your right -and obligation- as a resident to challenge injustice.

mike

Q: Where are you from? The answer might even change your claim against the police.

 

[NSBoy902]

They do not take a blood test or have ypu ro blow to a breatyhlizer unless you are driving a motor vehicle.
I did have a few drinks as I am not under age.
I have the note from the doctor for my injured and xray prints plus the meds I take.
It is just very srressful to appear in front of a judge and a crown prosecutor.

 

[mikeathome]

They do not take a blood test or have ypu ro blow to a breatyhlizer unless you are driving a motor vehicle.
I did have a few drinks as I am not under age.
I have the note from the doctor for my injured and xray prints plus the meds I take.
It is just very srressful to appear in front of a judge and a crown prosecutor.

Go challenge it! The judge is not as mean as a police men/woman -who had a bad day- can be. Nobody can prohibit you from taking your meds to fight pain, as long as you not operating a vehicle or become a nuisance to the public. I once was fined by a CO (Conservation Officer) for some nuisance. People encouraged me to fight the ticket. I ended up getting my money back, the officer got a lecture from the judge...
Only a few things to remember: Stick to the truth, no allegations, facts only, back-up with evidence.

mike

 

[NSBoy902]

Yes, Judges in Canada are very nice individuals and they are not mean if you are not mean. Well, I was not taking my meds to fight the pain that time but yeah I have had the injury way before this happened. I wish I was being nuisance so I would say I was and I deserve the ticket.
There is no one to allege and the fact is I was resting my foot. We will see how this goes. I am in between weather to fight it or pay the ticket and move on.