Mischief
The definition of mischief is outlined in section 430 of the Criminal Code. Generally,
mischief occurs when an individual engages in any of the following actions: (a) destroys or
alters property; (b) renders property dangerous, useless, inoperative, or ineffective; (c)
obstructs, interrupts, or interferes with the lawful use, enjoyment, or operation of
property; or (d) obstructs, interrupts, or interferes with any person in the lawful use,
enjoyment, or operation of property.
If the value of the damaged item (not the value of the damage itself) exceeds $5,000, the
Crown Attorney may seek an increased punishment of up to ten years in jail. Otherwise,
the charge of mischief carries a maximum penalty of two years in jail. It is crucial to note
that in most cases, mischief convictions do not result in any jail time.
What if the damage was caused accidentally? The Criminal Code requires that the person
who committed mischief acted "willfully." An unintentional or accidental act will not meet
the standard of willfully damaging property sufficient to trigger criminal consequences.
Can I be convicted of mischief for damaging my property? In legal terms, a person may
damage something wholly owned by them, as long as there is no intent to defraud. This is
not considered mischief, as the charge specifically relates to damage to property owned
wholly or in part by someone other than the person causing the damage.
In a domestic context, a person may attract criminal liability for mischief if they have
damaged property jointly owned by both spouses. However, a person who believes they
had the legal right to damage property due to a mistaken belief in sole ownership is not
guilty of mischief in respect of damage to that property.
The Mischief offences under the Criminal Code can be categorized into three types:
- 1. Mischief resulting from damage to property or interference with the use of property;
- 2. Mischief resulting from interference with electronic data; and
- 3. Mischief that risks or endangers life.
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