Vandalism

There is no specific offence of vandalism in the Criminal Code. Instead, it is covered by mischief charges and can come in many forms. If you deface property, throw a rock through a window or dump trash in someone’s yard you can be charged with mischief. Property crimes cost victims billions of dollars each year, according to the Department of Justice (DoJ).

According to s. 430 (1) you can be charged with mischief if you wilfully:

• destroy or damage property;
• render property dangerous, useless, inoperative or ineffective;
• obstruct, interrupt or interfere with the lawful use, enjoyment or operation of property; or
• obstruct, interrupt or interfere with any person in the lawful use, enjoyment or operation of property.

A common form of vandalism is graffiti. According to a RCMP post on graffiti vandals may believe graffiti does no real harm. Some believe it to be an artform. However, the RCMP states graffiti sends the message that nobody cares, it can attract other forms of crime and it makes residents feel less safe. Cities throughout Canada have their own bylaws to deal with graffiti vandals, with fines of up to $5,000.

The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you were responsible for the mischief, that real damage or interference happened, and that you acted wilfully. That means you caused the damage or interference on purpose, or you knew it would probably happen and went ahead anyway. Accidental damage is not mischief.

Damaging your own property is usually not a crime. But a person can still be convicted if they wilfully damage property they partly own, or if they damage their own property with intent to defraud.

Forensic or eyewitness evidence connecting a person to the damage can be challenged. Charter issues may also matter if police broke someone’s rights during the investigation.

Vandalism is considered a hybrid offenceAn offence the Crown can proceed with summarily or by indictment. in the Code. If you are facing trial, the Crown can proceed with the as an indictable offenceA more serious type of Canadian criminal offence. and you can face a lengthy imprisonment. The prosecutor could deal with the offence as a summary convictionLess-serious criminal offences, which has less severe punishments. 

When deciding how to proceed, the prosecutor will consider such factors as the seriousness of the incident and your prior criminal record.

The extent of the damage will determine your sentence. If your mischief causes more than $5,000 in property damage a judge can send you to prison for up to 10 years. If the damage was less than $5,000 and is prosecuted as a summary conviction, you can face a jail term of up to two years less a day.

According to the DoJ, a judge may also order restitutionMoney ordered to repay a victim for specific losses. to cover a victim’s financial losses related to damages, injury or lost property due to the crime.

The Criminal Code does not use 'vandalism' as the main offence name. Conduct that people often call vandalism is usually charged as mischief under s. 430.