Why a Mischief Charge is Not a Minor Offence

Although Mischief is sometimes perceived as a minor charge, depending on the type of property affected by the mischief ten years imprisonment could be imposed as a punishment, with mischief causing “actual danger to life” being a life imprisonment offence. The very niche mischief relating to war memorial charge even carries a mandatory minimum criminal record with it in the form of a $1,000 fine on a first offence, which also applies to mischief in veterans cemeteries.

While there has been an understandable rise in domestic assault charges being laid as charging discretion policies have evolved in police services to take discretion not to charge away from police, many don’t realize that there has been a parallel rise in domestic mischief charges where no assault is alleged, and the most serious allegation could be breaking a jointly owed television remote control (seriously, we’ve seen such a stand alone charge). Thus individuals involved in domestic conflict who broke a dish, a coffee cup, a cell phone, or dented the family car out of frustration could find themselves up on criminal charges, subject to no contact bail conditions, and embarking of a multi-month or years journey through the criminal justice system that could affect future employment, volunteer activities and ability to travel.

Why the Offence of Mischief is Legally Very Broad

Section 430 of the Criminal Code defines the offence of Mischief very broadly, such that really any damage to or even interference with the use of property - however minor - could constitute a criminal offence:

430 (1) Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Any kind of computer hacking activity likewise can constitute a criminal mischief offence, as s-s. 430(1.1) of the Criminal Code has been amended to clarify that mischief in relation to computer data effectively means any interruption in service:

(1.1) Everyone commits mischief who wilfully

(a) destroys or alters computer data;

(b) renders computer data meaningless, useless or ineffective;

(c) obstructs, interrupts or interferes with the lawful use of computer data; or

(d) 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 access to it.

Why Retain the Firm to Defend You on Your Mischief Charge

You can’t be convicted of mischief due to an accident. You also can’t be convicted if there is a reasonable doubt over who damaged the property. Even where substantive defences are challenging, avoiding a conviction (and thus a criminal record) for mischief my be possible through negotiations with the prosecutor by way of Crown Pre-Trial (CPT) conferences, or with the court during Judicial Pre-Trial (JPT) conferences, but self-represented accused will find it very difficult to engage in such negotiations without representation of counsel. You can put the firm’s extensive criminal trial and appeal experience to work for you in obtaining the optimal result to a mischief charge.