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Mischief is a property-related offence governed by section 430 of the Criminal Code of Canada. The offence covers a wide range of alleged conduct, from minor property damage to serious interference with infrastructure, businesses, or essential services.

Mischief charges are often laid quickly and broadly by police, sometimes alongside other offences. A conviction can result in:

• A permanent criminal record
• Jail time or probation
• Fines and restitution orders
• Firearms prohibitions in certain cases
• Long-term consequences for employment, housing, and travel
  
  

Because mischief can be charged even where damage is minor—or where no permanent damage occurred—early legal advice is critical.

What Counts as Mischief?

Mischief does not require permanent damage or destruction of property. The offence includes conduct that interferes with property or its lawful use.

The Crown must prove that the accused:

• Destroyed or damaged property, or
• Rendered property dangerous, useless, inoperative, or ineffective, or
• Obstructed, interrupted, or interfered with the lawful use, enjoyment, or operation of property
  
  

The property may belong to a private individual, a business, or the public.

Common Examples of Mischief Allegations

Mischief charges commonly arise from:

• Property damage (vehicles, windows, doors, fences)
• Graffiti or vandalism
• Interfering with another person’s vehicle or belongings
• Blocking access to homes, businesses, or roads
• Damage during domestic disputes or neighbour conflicts
• Incidents arising from protests or public demonstrations
  
  

In many cases, mischief is charged in the heat of a dispute rather than following careful investigation.

Types of Mischief Charges in Canada

Mischief Under $5,000

Applies where the alleged damage or interference is valued at less than $5,000. This is a hybrid offence, meaning the Crown may proceed summarily or by indictment.

Mischief Over $5,000

Applies where the alleged damage exceeds $5,000. This is treated far more seriously and is always prosecuted as an indictable offence.

Special Forms of Mischief

Certain mischief allegations carry enhanced penalties, including mischief:

• To religious property
• Endangering life
• Interfering with infrastructure, utilities, or data
• Motivated by hate or bias
  
  

These cases carry significantly higher sentencing exposure.

Related Criminal Code Allegations

Mischief charges are frequently laid alongside additional offences, such as:

• Break and enter
• Uttering threats
• Assault
• Criminal harassment
• Trespassing
• Breach of court orders
  
  

These companion charges increase both legal risk and case complexity.

Penalties and Sentencing for Mischief

Sentencing depends on the severity of the damage, the circumstances, and the accused’s background.

Mischief Under $5,000:

• Up to 2 years less a day in jail
• Or a fine, probation, or both
  
  

Mischief Over $5,000:

• Maximum sentence: 10 years in prison
  
  

Courts frequently impose:

• Restitution for alleged damage
• Probation with strict conditions
• Community service
• No-go or no-contact orders
  
  

Aggravating factors include:

• Significant financial loss
• Damage to essential services or infrastructure
• Planning or deliberate targeting
• Prior criminal record
  
  

Life Consequences of a Mischief Conviction

Even where the offence appears “minor,” a mischief conviction can affect your:

• Employment and background checks
• Housing and rental applications
• Immigration status for non-citizens
• Travel, particularly to the United States
• Personal and professional reputation
  
  

For many clients, the criminal record itself causes more harm than the immediate penalty.

Mischief and the Courts

Mischief prosecutions often rely on:

• Photographs or video of alleged damage
• Property owner estimates or repair invoices
• Police observations and assumptions
• Statements made during emotionally charged encounters
  
  

Valuation of damage and intent are frequently disputed, making these cases fact-sensitive and defensible.

Defending Mischief Charges

Effective mischief defences often focus on:

• Whether damage actually occurred
• Whether the accused caused the damage
• Whether the valuation exceeds $5,000
• Lack of intent or accidental conduct
• Exaggerated or unsupported repair costs
• Charter violations involving:
  • Arrest and detention
  • Searches of vehicles or property
  • Statements obtained without proper caution
    
    

At KJR, we defend mischief charges by:

• Scrutinizing damage evidence and valuations
• Challenging assumptions about intent
• Identifying Charter breaches early
• Pursuing negotiated or litigated resolutions that avoid conviction
  
  

Many mischief cases resolve through withdrawals, peace bonds, or non-criminal outcomes.