Mischief Laws in Canada

Section 430 (1.1) makes it an offence for you to wilfully destroy or alter computer data or to render it useless or ineffective. It is also a crime for you to interfere with the lawful use of computer data or to deny access to a person who is entitled to access the data.

Another computer-related offence is s. 430 (5.1). It is a crime to commit mischief with the operation of a computer or its data - or to omit from doing something with a computer or its data - that causes actual danger to other people's lives.

Penalties

If your computer-related mischief caused actual danger to the lives of others, this charge is guilty an indictable offence and you face a maximum penalty of life in prison. If your computer-related mischief did not endanger lives, the charge can still be treated as an indictable offence with a maximum penalty of 10 years in prison. Less severe penalties are given for charges prosecuted as summary convictions.

Section 430 (4.1) makes it an offence for you to commit damage to property if your actions are motivated by bias or hate that is based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability.

Penalties

If the charge is treated as an indictable offence the maximum penalty is 10 years in prison, with less severe sentences if the charge is prosecuted as a summary conviction.

Section 430 (4.11) makes it an offence to damage or desecrate a building or structure that primarily serves as a monument to honour those killed in war. That includes a war memorial or cenotaph, cemeteries, and any object associated with honouring the fallen.

Penalties

If the offence is prosecuted by indictment, the maximum penalty is 10 years in prison. If the offence is treated as a summary conviction, the maximum penalty is two years less a day in jail. The Code also gives minimum punishments for charges treated as either indictable offices and summary convictions. They are:

• for a first offence, a fine not less than $1,000;
• for a second offence, imprisonment for at least 14 days; and
• for each subsequent offence, imprisonment for at least 30 days.

Section 430 (4.2) makes it a crime to commit mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, as set out in the Cultural Property Export and Import Act.

Penalties

If you are found guilty of a charge treated as an indictable offence you face a maximum penalty of 10 years in prison. Less severe punishments are given if the charge is prosecuted as a summary conviction.