The Crime of Mischief

As a criminal lawyer based in Windsor, Ontario, Christina Loebach helps persons charged with Canadian criminal offences. This blog post considers mischief, which is one of the more common criminal charges that people may face.

Mischief - What Does It Mean?

As a general statement, mischief refers to the wilful destruction, damage, or obstruction of property, or the obstruction of someone’s lawful use of property. Per s. 430(1) of the Criminal Code:

430 1) Every one commits mischief who wilfully

1. Destroys or damages property;

2. Renders property dangerous, useless, inoperative or ineffective;

3. Obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

4. Obstructs, interrupts or interferes with any person in the lawful use, enjoyment, or operation of property. 

In our digital era, mischief may also refer to the destruction or alteration of computer data. Per s. 430(1.1) of the Criminal Code,

430(1.1) Everyone commits mischief who wilfully

1. Destroys or alters computer data;

2. Renders computer data meaningless, useless, or ineffective;

3. Obstructs, interrupts, or interferes with the lawful use of computer data; or

4. Obstructs, interrupts, or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to it.

Punishment for Mischief

The potential consequences of being convicted on a mischief charge may vary significantly depending on: 

• How the charge is prosecuted (by way of indictment or summarily);

• The value of the damage;

• The type of property damaged;

• Aggravating factors; and

• Whether the mischief causes actual danger to life.

On the high end of the spectrum, mischief that causes actual danger to life is considered an indictable offence, and the offender is liable to imprisonment for life.

If the mischief causes damage over $5,000, or the property is a testamentary instrument (i.e. a will), it is considered a hybrid offence. This means that the Crown may choose to proceed by way of indictment (maximum penalty of imprisonment of up to 10 years), or summarily (maximum penalty is 2 years less a day in jail, and/or a $5,000 fine).  

If the mischief causes damage under $5,000, it is still considered a hybrid offence but the potential penalties are less severe. If the Crown proceeds by way of indictment, the maximum potential penalty is a term of imprisonment not exceeding 2 years. If the Crown proceeds summarily, the maximum penalty will be 6 months in jail and/or a fine of $5,000.

Certain types of property, such as computer data, cultural property, or war memorials, are subject to harsher penalties. Additionally, certain motivations behind property damage may result in increased penalties for mischief. For example, mischief that is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability, could be prosecuted by indictment or summarily. If the Crown proceeds by way of indictment, they could be liable to imprisonment for a term not exceeding 10 years.

Immigration Consequences of a Mischief Conviction

Under section 36(3) of the IRPA, all hybrid offences are treated as indictable offences, even if the Crown elects to prosecute the offence summarily. Therefore, a conviction for mischief may result in collateral immigration consequences.

For a recap on the concept of inadmissibility based on criminality, check out this previous blog post. For a summary of the concept of inadmissibility based on serious criminality, read this blog post. As a reminder, temporary residents may be inadmissible based on criminality or serious criminality, whereas permanent residents may be inadmissible based on serious criminality only.

Convictions for the following mischief offences may result in inadmissibility due to serious criminality:

• Mischief that causes actual danger to life (s. 430(2));

• Mischief in relation to property that is a testamentary instrument (s. 430(2));

• Mischief over $5,000 (s. 430(2));

• Mischief related to religious properties, educational institutions, etc (s. 430(4.1));

• Mischief related to war memorials (s. 430(4.11));

• Mischief in relation to cultural property (s. 430(4.2);

• Mischief in relation to computer data (s. 430(5)).

Convictions for the following mischief offences may result in inadmissibility due to criminality:

• Mischief under $5,000 (s. 430(4); or

• Wilful acts or omissions, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data.

Having a criminal record may have a serious and lasting impact on many aspects of your life, including but not limited to employment, travel, immigration, and renting a home. If you are dealing with criminal charges, schedule a consultation with Christina.