Mischief

1. What is mischief under Canadian law?

Mischief is a criminal offence under Section 430 of the Criminal Code. It generally involves
damaging property, interfering with someone else’s lawful use of their property, or
rendering property useless or inoperative. Even if no physical damage occurs, actions that obstruct or interfere with
property use can still qualify as mischief.

2. What are some examples of mischief?

Some common examples include:

• Breaking a window or damaging a vehicle
• Spray-painting graffiti on a wall
• Disabling a phone or security camera
• Blocking someone’s driveway or access to their home
• Tampering with someone’s personal belongings at work or school

3. Is mischief a serious criminal offence?

Yes. While some mischief charges may seem minor, the offence can carry serious legal consequences, especially if:

• The damage exceeds $5,000
• A weapon is involved
• The act affects public property or essential services
• The mischief causes a risk to public safety

Conviction can result in jail time, a criminal record, and lasting personal consequences.

4. What is the difference between summary and indictable mischief?

Mischief is a hybrid offence, meaning the Crown can choose how to proceed:

• Summary conviction: For less serious cases; can result in lower penalties.
• Indictable offence: For more serious cases, such as major property damage; can lead to up to 2 years in prison, or even more in aggravated cases.

5. What is the punishment for a mischief conviction?

Penalties vary depending on the circumstances:

• General mischief (under $5,000): Up to 2 years less a day (summary) or 2 years’ imprisonment (indictment)
• Mischief over $5,000: Up to 10 years in prison
• Mischief endangering life: Maximum of life imprisonment
• Mischief to religious property, war memorials, or cultural sites: Enhanced penalties including mandatory minimum fines

6. Can I be charged with mischief if I didn’t mean to cause damage?

Intent matters in mischief cases. The Crown must prove that you wilfully damaged or interfered with
the property. If the damage was accidental or unintentional, that could form the basis of a legal defence.

7. What if the property belongs to me? Can I still be charged?

Yes. You can be charged with mischief even if you co-own the property or if the act affects
shared or jointly-used property. For example, damaging a jointly-owned car in a domestic dispute may
still be considered mischief.

8. Will I get a criminal record if convicted of mischief?

Yes. A conviction for mischief—regardless of whether it’s a minor or serious offence—can result in a criminal record, which can affect your:

• Employment opportunities
• Immigration status (for non-citizens)
• Travel, especially to the United States

9. Can a mischief charge be dropped or diverted?

In some cases, especially if it’s a first-time offence or the damage was minor, a lawyer may negotiate for:

• Diversion (alternative measures program)
• Withdrawal of the charge after restitution or counselling
• Or a plea to a lesser offence.

Each case is unique, and outcomes depend on the facts and the Crown’s position.

10. What should I do if I’m charged with mischief?

If you’ve been charged, do not speak to the police without a lawyer present. Contact a criminal defence lawyer immediately to:

• Review the evidence
• Explain your rights and options
• Build a strong defence or negotiate a favourable resolution