Mischief

Mischief means damaging or destroying someone else's property on purpose. It also covers making property dangerous, useless, inoperative, or ineffective, and interfering with another person's lawful use or enjoyment of property.

There is no single mischief situation. The Criminal Code sets out several types of mischief depending on what was affected — ordinary property, computer data, certain protected buildings, war memorials, cultural property, and more. Each type can carry a different penalty, so it matters which one applies.

"The Crown" is the prosecutor — the government lawyer who brings the charge. To convict you of mischief, the prosecutor must prove, beyond a reasonable doubtThe high standard the Crown must meet to prove guilt., that:

1. you damaged, destroyed, made dangerous or useless, or interfered with property or computer data; and
2. you did so wilfully — that is, on purpose, not by accident.

The main types of mischief include:

• General mischief to property. Damaging, destroying, or interfering with ordinary property.
• Computer mischief. Destroying or altering computer data, making it useless or ineffective, interfering with its lawful use, or denying access to someone entitled to it.
• Mischief causing actual danger to life. Mischief that causes an actual danger to life.
• Act or omission likely to constitute mischief. Certain wilful acts, or wilful failures to do something a person had a duty to do, where the act or omission is likely to constitute mischief involving property, computer data, or danger to life.
• Mischief motivated by hate or bias. Mischief involving certain kinds of property where the act 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.
• Mischief to a war memorial. Mischief involving a war memorial, cenotaph, cemetery, or related object connected with honouring people who died because of war.
• Mischief to cultural property. Mischief involving cultural property protected under the law.

Canada deals with criminal charges in two main ways:

• Summary convictionLess-serious criminal offences — the process used for less serious cases, with lower maximum penalties.
• Indictable — the process used for more serious cases, with higher maximum penalties.

Most mischief charges are hybrid, which means the prosecutor chooses which of those two ways to proceed, based on the case.

The maximum penalty depends on the type of mischief and how the prosecutor proceeds.

• Mischief causing actual danger to life is indictable and has a maximum of life in prison.
• Mischief over $5,000, or mischief involving a testamentary instrument (such as a will), has a maximum of 10 years in prison if the prosecutor proceeds by indictment.
• Mischief of $5,000 or less has a maximum of 2 years in prison if the prosecutor proceeds by indictment. This is 2 years, not "two years less a day."
• Computer mischief has a maximum of 10 years in prison if the prosecutor proceeds by indictment.
• Wilful act or omission likely to constitute mischief has a maximum of 5 years in prison if the prosecutor proceeds by indictment.
• Mischief motivated by hate or bias has a maximum of 10 years in prison if the prosecutor proceeds by indictment.
• Mischief to cultural property has a maximum of 10 years in prison if the prosecutor proceeds by indictment.
• Mischief to a war memorial has a maximum of 10 years in prison if prosecuted by indictment, or two years less a day if prosecuted by summary conviction. This branch also has minimum penalties: a fine of at least $1,000 for a first offence, at least 14 days in prison for a second offence, and at least 30 days in prison for each later offence.

The Criminal Code sets out specific situations where a person does not commit mischief only because of certain conduct.

Information carve-out. A person does not commit mischief only because they were at or near a place — including a home, a business, or anywhere else — to obtain or communicate information.

Labour carve-out. A person does not commit mischief only because they stopped work, or refused to work or continue working, because of a failure to agree on an employment matter. This also covers taking part with other workers or employees for their own reasonable protection.

Legal source: Criminal Code section 430(6) is the labour carve-out. Criminal Code section 430(7) is the information carve-out. These apply to mischief generally, not only to computer-data mischief.

Other property offences sit near mischief in the Criminal Code and have their own rules. They should be checked on their own pages.