canada police alcohol
Public intoxication on a licenced property
<p>Can i receive my report made by a campus peace officer for public intoxication without providing a lawyer . Do i have rights to this information ?  I was never fined at the time .  is there a possibility a ticket to be reissued after they reported it but did not issue ticket? I asked but was told i needed to contact a lawyer. They also placed a comment in the report i disobeyed them which violated my school contract and received a warning with no information.  Now how did i disobey them if they did not issue a ticket? They called the police and they drove me home .  i was not charged. Now im probably making this worse for myself as i understand i got off with just a warning but the info is falsified ,  and i complied with both police and peace officers.  Im gonna take it as my consequence as i understand my responsibilitoes but i just need some more information. </p>

<p>Seriously, let's break this down: (any emphasis in quotes will be mine)</p>
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<p>Now i decided to buy liquor off campus and drink at school in a closed stall <strong>in a public washroom.</strong></p>
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<p>A public washroom, as private as it may appear, is still public. If you hide behind a tree in somewhat of an enclosed area within a park, it's still public. People might not be able to see you, but you are still on a public piece of property.</p>
<blockquote>
<p>They took me to campus security and they told me i was publically intoxicated. How can i be guilty of being intoxicated while there are students on campus</p>
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<p>Since we've now determined that you were on a public space, and you were intoxicated, then you were intoxicated in public. Looking at the <a href="http://www.qp.alberta.ca/1266.cfm?page=g01.cfm&amp;leg_type=Acts&amp;display=html" rel="nofollow noreferrer">Gaming and Liquor Act</a> in Alberta:</p>
<blockquote>
<p><strong>Taking intoxicated person into custody</strong></p>
<p>115(1)  No person may be intoxicated in a public place.</p>
<p>(2)  If a peace officer on reasonable and probable grounds believes that a person is intoxicated in a public place, the peace officer may, instead of charging the person with an offence, take the person into custody to be dealt with in accordance with this section.</p>
<p>(3)  A person in custody pursuant to subsection (2) may be released from custody at any time if on reasonable and probable grounds the person responsible for the custody believes that</p>
<ul>
<li>(a)    the person in custody has recovered sufficient capacity that, if released, the person is unlikely to injury himself or herself or be a danger, nuisance or disturbance to others, or</li>
<li>(b)    a person capable of taking care of the person taken into custody undertakes to take care of that person.</li>
</ul>
<p>(4)  A person taken into custody under this section may not be held in custody for more than 24 hours after being taken into custody.</p>
<p>(5)  No action lies against a peace officer or other person for anything done in good faith with respect to the apprehension, custody or release of a person pursuant to this section.</p>
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<p>One thing to note is that Public Intoxication is a provincial matter. So it's a good thing to remember that the laws vary from province to province. <em>Public Intoxication</em> is a provincial offence.</p>
<p>Look over that law. § 115(1) says that you can't be intoxicated in a public space. There are exceptions to this: you are in a licensed area that has a permit, and so on.</p>
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<p>How can they determine the beers i had in the washroom were drank in the washroom and they assumed my intoxication based on the smell and my words but my words were clear... Can I report this? <strong>They even handcuffed me as if i showed some sign of restraint?</strong></p>
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<p>All they need is a doubt. If they think that you were intoxicated in a public space, then they have a duty to intervene. In most spots, if you are deemed to pose a threat, or <em>possibly a nuisance</em> to to others, the peace officer has the authority to intervene.</p>
<p>They handcuffed you to show that you, and others, were being detained. This is standard: touching, or keeping someone close to them will show that. About reporting it, I doubt you can: a report has already been filed with the police, and that will likely be on a record. It might not say that you were charged (and convicted) of an offence under Albertan law, but it will say that you were arrested and taken into custody at one point for public intoxication.</p>
