Getting Rid of the Riot Act

Abstract

The Canadian Criminal Code retains a version of the “Riot Act,” an 18th-century law empowering officials to proclaim a tumultuous assembly unlawful, creating offences for failing to peaceably disperse, and providing unqualified immunity to persons enforcing the proclamation. We contend that the Riot Act is not only antiquated, ineffective, and unnecessary but also that the provision of absolute immunity for state actors who use unnecessary violence is inconsistent with sections 7 and 12 of the Canadian Charter of Rights and Freedoms (“Charter”). Given these unconstitutional effects and the riot act’s limited utility, we advocate for its repeal.