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Unlawful Assembly in Canada
Under section 63 (1) of the Criminal Code of Canada, unlawful assembly is “an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or conduct themselves when they are assembled as to cause persons in the neighborhood of the assembly to fear, on reasonable grounds, that they will disturb the peace tumultuously or will provoke other persons to disturb the peace tumultuously.” Section 2 of the Canadian Charter of Rights and Freedoms guarantees individuals the right to freedom of assembly. What constitutes it as unlawful is if there is an illegal purpose or if it will breach the public peace of the community.

The root of the offense of unlawful assembly is based upon the assembly’s intent— they must have a purpose to perform in an illegal act. However, it is irrelevant when the intent was formed or if the purpose is lawful/unlawful, if the manner the assembly chooses to carry out the purpose will disturb the peace. Everyone who participates as a member of an unlawful assembly is guilty of a criminal offence punishable on summary conviction. All parties to an assembly are also responsible for the acts of their associates; the mere presence of an individual in an unlawful assembly is enough to charge that person as a participant to the unlawful assembly. It is not unlawful for individuals to execute their ordinary business. On the other hand, acting jointly in committing a criminal offense, such as assault and battery, is considered unlawful assembly.

The term “disturb the peace” refers to interfering with the ordinary use of public spaces, which is not a crime by itself in Canada. When “disturbing the peace” is combined with an unlawful assembly, it then becomes a crime. Political gatherings and demonstrations tend to raise concerns regarding unlawful assembly; it is often difficult for courts to differentiate between protecting individuals’ freedom of assembly and protecting the peace in the community. “In general, a unit of government may reasonably regulate parades, processions, and large public gatherings by requiring a license. Licenses cannot, however, be denied based on the political message of the group. Persons who refuse to obtain a license and hold their march or gathering may be charged with unlawful assembly.”

Unlawful Assembly in Relation to Riots
Under section 64 of the Criminal Code of Canada, a riot is an unlawful assembly that has begun to disturb the peace tumultuously. One does not have to personally display force or share the common purpose as the rest of the assembly to be held responsible. In some cases, the mere presence at a riot may be considered as participation. As long as there is an impact on the crowd to encourage others to take part in the riot, that is enough for a conviction. Taking part in a riot is an indictable offence. The punishment of a rioter is imprisonment for a term not exceeding two years. On June 19, 2013 a bill was passed that banned the wearing of masks during a riot or unlawful assembly. This new law carried a maximum prison sentence of 10 years. The maximum sentence would typically be condemned to the leading individual of the riot. Punishment varies based on personal circumstances, as with any crime.