According to the Criminal Code, mischief includes a wide range of actions, and the severity of the penalties varies greatly depending on the kind of mischief and the pressure of the situation.

The Criminal Code has several offences linked to mischief. The most frequent examples of mischief are vandalism and property destruction, which involve some sort of interference with property. You can also cause trouble by putting someone else’s safety at risk or neglecting to act in a certain way. Depending on the act or omission, the amount of property harmed, the type of property, the reason driving the behavior, and the unintended consequences of the behavior, various possible punishments could result from a mischief conviction.

How Mischief can be Defined and what it encompasses?

The three categories of mischief offences listed in the Criminal Code are as follows:

• Mischief resulting from physical harm to property or intervention with its use 

• Mischief resulting from electronic data interference

• The mischief that puts human life in danger

Damage to Property 

The following actions are prohibited by the Criminal Code’s s. 430(1):

• Destroy or harm property
• Make it hazardous, useless, or inoperative
• Block, interrupt or interfere with its legal use, enjoyment, or operation 
• Hinder, disturb, or interfere with another person’s lawful use,
• Pleasure, or operation of the property.

For precise clarification, this applies when you face charges for mischief related to property damage or interference. You may face charges either for misconduct under $5000 or mischief under $5000. It is the worth of the property that was harmed or interfered with. The determining factor for your accountability lies not in the cost of damage but in the nature of the offense itself. Examples can be cell phones, clothing, or other items, rather than just a building or its components.

Relation to Data

The following actions are prohibited by the Criminal Code’s s. 430(1.1):

• Destroy or change computer data; make data meaningless, ineffectual, or useless
• Obstruct, interrupt, or otherwise interfere with someone else’s legal use of computer data
• Obstruct, interrupt, or otherwise interfere with a person’s authorized use of computer data
• Someone refusing to grant access to data when legally entitled is a violation of rights.

Act or Omission Casing Risk to Life

According to art. 430(5.1), it is illegal to willfully act or fail to act when it is one’s responsibility to do so if the action is likely to result in mischief that puts actual lives in danger or results in mischief to property or damage.

What are some Possible Penalties that can result from Mischief?

The Criminal Code’s mischief offences are hybrid. Meaning the Crown may choose to pursue either through an indictment or a summary conviction. The following list of possible sanctions for mischief includes:

Mischief Under 5000$

• If the Crown pursues a summary conviction, the most severe penalty is either a fine of up to $5,000 or a sentence of up to two years and one day, or both.
• If the Crown chooses to continue via an indictment, the maximum penalty is two years in prison.

Mischief Over 5000$

• If the Crown seeks a summary conviction, the harshest sentence can be a fine of up to $5,000 or detention of up to two years and one day, or both.
• The maximum penalty is a sentence of imprisonment not to exceed ten years. If the Crown pursues its case through an indictment.

Mischief Relating to Education Institutions and Religious Property

• The maximum penalty is a fine of up to $5,000 or a period of imprisonment of up to two years less a day, or both if the prosecution proceeds with a summary conviction.
• The maximum penalty is a sentence of imprisonment not to exceed ten years if the Crown chooses to proceed with an indictment.
• The maximum sentence is a term of imprisonment not to exceed two years less a day if the Crown proceeds with a summary conviction.
• If the prosecution uses a summary judgment, the maximum penalty is either a fine of no more than $5,000 or a sentence of imprisonment of no more than two years with no days served or both.
• If the prosecution uses an indictment, the maximum sentence is ten years in prison.
• The maximum sentence is a period of imprisonment not to exceed two years less a day if the prosecution proceeds with a summary conviction.

Examples can be

Mischief Causing Risk to Life

• Opting for summary conviction could result in a fine of up to $5,000 or a jail term of two years.
• The maximum penalty is a sentence of imprisonment not to exceed five years if the Crown chooses to proceed via an inquiry.

What are the available Defences for Mischief Charge?

The possible defences that you may have, as in every case, rely on the particular facts of your situation.

The following list outlines possible defences in a case involving mischief:

• Accident → If property damage was caused by an accident, the accused might not have had the necessary intent to be found guilty.

• Factual Innocence → If the Crown fails to establish all material facts of the specific offense beyond a reasonable doubt, the court will find the accused not guilty.
• Violation of Charter Rights → People have certain rights under the Canadian Charter of Rights and Freedoms, including the right to be free from illegal arrests, the right to prompt notification of the circumstances surrounding an arrest, the right to immediately retain legal representation and receive legal advice, and the right to a rapid trial. Furthermore, a successful Charter challenge can lead to the exclusion of evidence or suspension of proceedings in your case.
• Color Of Right → If the accused can demonstrate they acted with legal justification or excuse because they had a sincere belief that the subject property belonged to him, they may be able to defend themselves against a charge of mischief.

What To Do if You Are Charged with Mischief?

The details mentioned above give a comprehensive overview of criminal offences. They face mischief charges under the Criminal Code, exploring potential punishments and defenses. But no two cases are the same. Each criminal case is unique to the facts and varies in complexity depending on the problems involved.

Call Kisel Law at  (289)-835-3465 right away to find out more about how we may assist you. Our legal mischief attorneys are prepared to examine your issue in detail and create a strategy that is specific to your requirements. Choosing competent legal counsel is the first step in building a strong defence.