Vandalism (Youth)

Vandalism is one of the most common offences committed by youths. The Criminal Code does not include the specific charge of vandalism. It is covered by criminal mischief charges and consists of a variety of offences. If you throw a rock through a window, damage property or toilet paper a house, you can face mischief charges. Graffiti is a common form of vandalism, and many offenders believe it is harmless. However, an RCMP (Graffiti vandals) post states graffiti sends the message that nobody cares, and it can attract other forms of crime, making residents feel less safe.

There are two charges in the Code. Criminal mischief under $5,000 and criminal mischief over $5,000. Your city may also have their bylaws to deal with graffiti, with fines of up to $5,000 for offenders.

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 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.

The Crown does not have to prove that you did not own the property. Ownership can matter in some cases, but it is not a basic Crown element for every mischief charge.

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

Criminal mischief is a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., allowing the Crown to proceed with the charge as an indictable offenceA more serious type of Canadian criminal offence. or by summary convictionLess-serious criminal offences. If you are found guilty of an indictable offence, you will face penalties that are more severe than if you are being sentenced for a summary conviction.

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

Extrajudicial measuresYouth justice responses outside formal court proceedings. could be used if your offence was relatively minor, such as dumping garbage in someone’s yard. For minor offences, the Youth Criminal Justice Act (YCJA) requires police to consider using these measures before deciding to lay a criminal charge. This involves dealing with the case outside the formal youth court process in an attempt to rehabilitate an offender.

How much damage you caused will affect the sentence you receive.

Those convicted as an adult for mischief over $5,000 can be sent to prison for up to 10 years. The maximum jail term is two years less a day if the damage was less than $5,000 and is prosecuted as a summary conviction.

According to the Department of Justice, a judge may also order restitution to cover a victim’s financial losses related to damages, injury or lost property due to the crime.

As a young personA person dealt with under the youth criminal justice system., you will face sentencing under the Youth Criminal Justice Act. The YCJA was enacted to hold a young person accountable “through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.”

Police may choose to handle the offence through extrajudicial measures, which include:

• taking no further action;
• a warning from police;
• a caution from the police is more formal than warnings and may involve a letter from the police to the youth and the parents. The youth and parents may be required to appear at the police station for a meeting to discuss the incident;
• a referral from police to a community program or agency designed to help youth avoid committing offences; 
• a Crown caution (similar to police cautions but issued by prosecutors after the police have referred the case to them); and
• an extrajudicial sanction, which is applied through more formal programs developed by provinces and territories. 

Under the Act, custody sentences are intended primarily for violent and serious repeat offenders.

In all cases, any sentence must:

• not be more severe than what an adult would receive for the same offence;
• be similar to youth sentences in similar cases;
• be proportionate to the seriousness of the offence and the degree of responsibility of the young person;
• within the limits of proportionate response, (a) be the least restrictive alternative, (b) be the sentencing option that is most likely to rehabilitate and reintegrate the young person, and (c) promote in the young person a sense of responsibility and an acknowledgement of the harm done by the offence.

In serious cases of criminal mischief, a judge can elect to sentence you as an adult, and you will face the same sentence under the Criminal Code as an adult offender. If you are jailed you will remain incarcerated in a youth facility until you are 18 before being transferred to an adult prison.

This page is about a young person — someone aged 12 to 17 at the time of the offence — under the Youth Criminal Justice Act (YCJA).

A young person can be charged with this Criminal Code offence, but youth sentencing is different from adult sentencing. If the young person is found guilty, the youth justice court applies the Youth Criminal Justice Act.

Many less serious first-time youth matters may be handled through warnings, cautions, referrals, or extrajudicial measures instead of a formal court sentence. If the court does impose a youth sentence, the YCJA provides a range of options, including reprimands, discharges, probation, community service, restitution, and, in more serious cases, custody and supervision.

Custody is not the starting point for every youth case. The result depends on the charge, the facts, the young person’s history, the harm caused, the available programs, and the YCJA sentencing principles.

In rare cases, the Crown can ask for an adult sentence. That is not automatic. The court must apply the YCJA test before an adult sentence can be imposed.

For most offences, a custody-and-supervision order cannot exceed two years, or three years if the offence carries adult life imprisonment.

For a fuller explanation of how young people are sentenced, see How Youth Sentencing Works in Canada.