Criminal Defence · Mischief (Criminal Code s. 430)
Mischief Lawyer in Ontario & Toronto
Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto criminal defence · Last reviewed: July 2026
A mischief charge in Toronto usually grows out of an ordinary moment that went sideways — a heated argument that ended with a smashed phone, spray paint on a wall, a kicked-in door during a break-up, keying a car after a parking dispute. What feels like a private conflict or a minor act of frustration becomes a criminal file that can follow you into job applications, border crossings, and immigration decisions. The reassuring reality is that a charge is only an allegation, and mischief cases are far more defensible than most people assume.
At Kazandji Law, our criminal defence team represents people charged with mischief and related property offences across Toronto and the Greater Toronto Area. This page explains what you are actually facing under Canadian mischief law in 2026, what the prosecution has to prove, the realistic range of outcomes, and the defences that most often lead to a charge being withdrawn, diverted, or resolved without a record. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation.
An important starting point that trips up almost everyone: property mischief is not the same thing as "public mischief." Property mischief lives in section 430 of the Criminal Code and is about damage to or interference with property. "Public mischief" is a completely separate offence in section 140 — it is about misleading the police, for example by making a false report. If you have been charged over damaged or interfered-with property, section 430 is the provision that governs your case, and it is the one this page is about.
Charged with mischief?
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Call 647-588-3234 Request a consultationWhat is mischief under Canadian law?
Mischief is the Criminal Code's general property-damage and property-interference offence. It is created by section 430(1), which says that "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."[1]
That definition is deliberately broad. Notice that mischief is not only about breaking things. Rendering property useless, or simply interfering with how someone else uses or enjoys their property, can be enough. Courts have held that mischief covers any case where the usefulness or value of property is impaired, at least temporarily — the damage does not have to be permanent.[7] Before anything else, an experienced lawyer identifies exactly which branch of section 430 you are charged under and, critically, what dollar value the Crown is putting on the alleged damage, because those two facts frame the entire case.
Mischief to computer data
Section 430 also reaches beyond physical objects. Section 430(1.1) creates a parallel offence of mischief in relation to computer data — wilfully destroying or altering data, rendering it meaningless or useless, obstructing its lawful use, or denying access to a person entitled to it.[1] In practice this can arise in surprisingly everyday situations: courts have treated deleting another person's text messages from their phone without consent as capable of amounting to mischief to data.[8] The mental element for data mischief is treated more strictly than ordinary mischief — a matter your lawyer will scrutinize closely if your charge involves data.
What the Crown must prove: a wilful, unjustified act against property
In every mischief case the Crown must prove two things beyond a reasonable doubt: a prohibited act (damage, destruction, rendering useless or dangerous, or interference) and that the act was wilful.
"Wilful" is a legal term, not an everyday one, and it is defined in section 429(1) of the Criminal Code. A person is deemed to have acted wilfully where they caused an event knowing that their act (or a failure to act on a legal duty) would probably cause it, and were reckless whether it occurred or not.[2] The courts have distilled this into a simple proposition: the mental element for mischief is satisfied by intention or recklessness. That principle was stated by the Quebec Court of Appeal in R. v. Quickfall (1993) and by the Court of Appeal for Ontario in R. v. Schmidtke (1985).[9]
This is the beating heart of most mischief defences. A genuine accident is not mischief — if you did not intend to damage the property and were not reckless about the risk, the mental element is missing. A person who trips and breaks a display, or whose conduct caused damage no reasonable person would have foreseen, is not automatically guilty. The question is always whether the Crown can prove that this person acted with intent or recklessness toward this property — and where the incident was chaotic, disputed, or genuinely accidental, that is often the weakest part of the case.
Can you be charged for damaging your own property?
Surprisingly, yes — in the right circumstances. As a general rule the identity of the property's owner is not an essential element the Crown must prove, and there simply has to be some evidence that the property was not entirely the accused's own.[10] The Criminal Code addresses this directly: under section 429(3), having a partial interest in property does not prevent a conviction if you caused the damage, and even a total interest is no shield if the damage was done with intent to defraud.[2] This is why damaging shared property — a jointly owned car, a shared apartment, furniture in a matrimonial home — can support a mischief charge even though you own part of it. In a domestic context, this comes up constantly, and it is exactly the kind of nuance that a careful defence turns to your advantage.
How the $5,000 line and the penalties work
The single most important number in any mischief file is $5,000. It divides the two main punishment sections and, in most ordinary cases, determines how serious the charge is and where it can be tried. Mischief is a hybrid offence in both categories, which means the Crown elects whether to proceed by indictment (the more serious track) or by summary conviction (the less serious track). The figures below are the maximum penalties set out in section 430 — they are ceilings, not typical sentences, and as explained further down, a great many first offences never result in a conviction at all.[1]
| Type of mischief | By indictment — maximum | Election / notes |
|---|---|---|
| Mischief to property, value over $5,000 (or property that is a testamentary instrument) — s. 430(3) | Up to 10 years imprisonment | Hybrid; Crown may proceed by indictment or summary conviction |
| Mischief to property, value $5,000 or under — s. 430(4) | Up to 2 years imprisonment | Hybrid; under $5,000 it is an absolute-jurisdiction offence tried in the Ontario Court of Justice |
| Mischief that causes actual danger to life — s. 430(2) | Up to life imprisonment | Straight indictable; the most serious form of mischief |
| Mischief to computer data — s. 430(5) | Up to 10 years imprisonment | Hybrid |
A few points that matter in practice:
- These maximums are rarely reached for ordinary mischief. They exist for the worst cases. For a first-time charge involving a broken window, a dented car, or graffiti, the realistic conversation is almost always about diversion, a discharge, or an outright withdrawal — not years in custody.
- Where the Crown proceeds summarily, the default maximum penalty under section 787 of the Criminal Code is a fine of not more than $5,000, or imprisonment of not more than two years less a day, or both — unless a specific higher penalty is set out (as it is for danger-to-life mischief).[3]
- The value of the damage is a live issue, not a given. Whether damage is "over" or "under" $5,000 can be genuinely disputed — a repair estimate is not proof, and inflated or speculative figures can and should be challenged. Pushing a case from the over-$5,000 category into the under-$5,000 category can dramatically change your exposure and where the case is heard.
Danger-to-life mischief carries the highest penalty
The most serious form of mischief is set out in section 430(2): mischief that causes actual danger to life. It is a straight indictable offence carrying a maximum of life imprisonment.[1] This is a genuinely narrow provision. The courts have held that the danger to life must be the physical outcome of the damage to the property — a direct result — and that for this offence the accused must actually intend to endanger life; recklessness alone is not enough to make out section 430(2).[11] Because the threshold is high and the stakes are severe, these cases demand careful, early defence work to keep a charge from being over-classified.
Hate-motivated mischief to religious and community property
Section 430(4.1) creates a distinct, aggravated offence for mischief to certain property where "the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability." It is punishable by up to 10 years on indictment (or by summary conviction).[1] The categories of property it protects are defined in section 430(4.101) and include buildings primarily used for religious worship (such as a church, mosque, synagogue or temple) and associated objects and cemeteries; educational institutions used by an identifiable group; buildings used by an identifiable group for administrative, social, cultural or sports activities (such as a community centre or arena); and residences for seniors used by an identifiable group.[1] A separate provision, section 430(4.11), deals specifically with mischief to war memorials and carries mandatory minimum penalties on repeat offences.[1] If your charge involves any hate-motivated element, the case is far more serious than ordinary mischief, and the motive itself becomes a central battleground.
Common mischief scenarios we defend
Mischief charges arise in a handful of recurring situations across Toronto and the GTA. Understanding which pattern your case fits helps shape the defence.
Property damage during an argument or break-up
The most common mischief file we see starts with a confrontation — a partner's phone thrown against a wall, a fist through drywall, a broken television, a smashed windshield. These are emotional, fast-moving incidents that rarely look the way the police report describes them. Because they so often occur between people in a relationship, they frequently overlap with domestic allegations and can be laid alongside a domestic assault charge. Where that happens, the two matters have to be defended together, and the strategy — including bail conditions and no-contact orders — has to account for both.
Graffiti and vandalism
Spray paint, tagging, scratched or etched surfaces, broken windows, and similar acts are classic mischief. The value question is often decisive here: cleaning or repair costs determine whether the charge falls above or below $5,000, and identity is frequently in issue — a person seen "in the area," or captured on grainy video, is not necessarily the person who did the act.
Damage to shared or jointly owned property
As explained above, you can be charged with mischief for damaging property you partly own. Disputes among roommates, co-owners, family members, and separating spouses regularly produce these charges. The colour-of-right defence and the question of who actually owned or controlled the property are often front and centre.
Interference with the use of property
Because section 430 reaches obstruction and interference — not just breakage — conduct like blocking access to a building, vehicle, or driveway, or interfering with equipment so it cannot be used, can be charged as mischief even when nothing is physically broken.[1] Whether the interference was truly with a lawful use, and whether it was wilful, are common points of contest.
Is the Crown alleging the damage was over $5,000?
The dollar figure changes everything — the maximum penalty, the court, and your exposure. Let us review the evidence before you decide anything.
Call 647-588-3234 Book a free consultationDiversion, discharges, and peace bonds: why many first offences leave no record
People charged with mischief often assume a conviction is inevitable. For a first offence involving minor or moderate damage, that is usually far from the truth. Ontario's criminal justice system offers several off-ramps, and identifying the right one early is one of the most valuable things a defence lawyer does.
Diversion and alternative measures
For many first-time, lower-value mischief charges, the Crown may agree to diversion (also called direct accountability or alternative measures). Rather than proceeding to a conviction, the case is resolved through conditions such as an apology, restitution or repair of the damage, a charitable donation, counselling, or community service — after which the charge is withdrawn, leaving no conviction and no criminal record. Because mischief so often involves a one-time lapse rather than ongoing criminality, it is frequently a strong candidate for diversion, and making that case persuasively to the Crown is a core part of the defence.
Peace bonds
Where the situation involves an ongoing relationship or a complainant who is primarily concerned about future conduct, a peace bond under section 810 of the Criminal Code can resolve the matter. The accused agrees to keep the peace and abide by conditions for a period (commonly up to twelve months), and in exchange the criminal charge is withdrawn. A peace bond is not a conviction and does not create a criminal record for the underlying offence. Our lawyers negotiate peace bonds regularly in property and domestic-context files.
Absolute and conditional discharges
Even where a matter proceeds to a finding of guilt, a court can grant a discharge under section 730 of the Criminal Code. An absolute discharge means no conviction is registered and there is no criminal record for the offence; a conditional discharge achieves the same result after a period of probation is completed. Discharges are a common and appropriate outcome for first-time mischief, and preserving eligibility for one is often a central goal of the defence.[4]
The consequences of a mischief record beyond the sentence
Clients are often most anxious about jail, but for ordinary mischief the more realistic and lasting harms usually lie elsewhere. A criminal record for mischief — and the terms of the sentence — can affect:
- Restitution. In property cases, a court can order the offender to pay the victim for the loss or damage. Where a finding of guilt is entered, a restitution order under sections 738 and 739 of the Criminal Code is a real possibility, and addressing repair or repayment early — sometimes as part of a diversion or resolution — is often central to a good outcome.[5]
- Employment and professional licensing. A record shows up on background and vulnerable-sector checks and can affect current jobs, future hiring, bonding, security clearances, and regulated professions.
- Immigration status. This is critical for non-citizens. Under the Immigration and Refugee Protection Act, a conviction can affect a permanent resident's or foreign national's status. Mischief prosecuted by indictment carries a maximum of ten years (and over $5,000 mischief is one such offence), which can bring it within the definition of serious criminality and put status and appeal rights at risk. If you are not a Canadian citizen, tell your lawyer immediately — it can change the entire defence strategy, because avoiding a conviction (through diversion, a peace bond, or a discharge) may matter far more than the sentence itself.
- Travel, especially to the United States. U.S. border officers treat criminal records seriously, and a conviction can complicate or bar entry to certain countries.
- Housing, education, and volunteering. Landlords, schools, and volunteer organizations increasingly run record checks.
- Family and reputation. The stress on relationships and the stigma of a criminal record are real, even when the legal exposure is modest.
These downstream effects are exactly why it is worth fighting a charge that looks "minor" on paper. The gap between a withdrawal or discharge and a registered conviction can shape a person's life for years.
The mischief court process in Toronto, step by step
Understanding the sequence of a mischief case helps you see where a defence can be built. Most files move through the same stages, and for under-$5,000 mischief the entire matter proceeds in the Ontario Court of Justice.
1. The incident, investigation, and charge
Mischief charges are frequently laid quickly, sometimes on the strength of a single complaint and before the full context is known. The police gather statements, photographs of the damage, repair estimates, and any video. How the alleged offender was identified, and how the damage value was calculated, are often the whole case.
2. Release or bail
For a straightforward first mischief charge, most people are released by police on an appearance notice or an undertaking, sometimes with conditions such as no-contact or stay-away terms. More serious files — a domestic overlay, a prior record, or a danger-to-life allegation — may require a bail hearing, where arriving with a workable release plan and sureties can be decisive.
3. Disclosure
Your lawyer obtains disclosure — the Crown's evidence. The Crown's constitutional duty to disclose all relevant material flows from the Supreme Court's decision in R. v. Stinchcombe (1991).[12] In a mischief case, disclosure typically includes the complainant's and witnesses' statements, photographs of the damage, repair or replacement quotes, the officers' notes, any surveillance footage, and any statement you may have made. A meticulous review of this material — especially the basis for the damage figure and the identification — is where most winning defences begin.
4. Crown pre-trial and resolution discussions
Most mischief cases involve a Crown pre-trial, where your lawyer tests the strength of the case and explores whether it can be diverted, resolved by peace bond, or withdrawn. Given how often mischief reflects a one-time lapse, this stage is frequently where a well-prepared file is resolved on favourable terms — long before any trial.
5. Trial
If the case does not resolve and there are viable issues — a genuine dispute about intent, identity, ownership, colour of right, or the value of the damage — it proceeds to trial in the Ontario Court of Justice. From first appearance to conclusion, a contested mischief case commonly takes several months.
How Kazandji Law defends mischief charges
Mischief cases are won on detail, and the right strategy depends entirely on the disclosure in your specific file. The issues our lawyers most often raise include:
- No wilful intent (and no recklessness). If the damage was a genuine accident, or the result of conduct where you neither intended harm nor were reckless about it, the mental element required by section 429(1) is not made out. This is the most frequently decisive issue in mischief cases.
- Colour of right and legal justification. Under section 429(2), no person can be convicted of mischief where they prove that they acted with legal justification or excuse and with colour of right.[2] An honest belief in a legal right to deal with the property the way you did — even a mistaken one — can be a complete answer to the charge. This defence is especially powerful in disputes over shared, jointly owned, or contested property.
- Identity. The Crown must prove that you committed the act. In graffiti and vandalism cases in particular, identification is often thin — poor video, a fleeting observation, or an assumption based on presence in the area.
- The property was your own. Where there is no evidence that the property belonged to anyone but you, and no intent to defraud, a mischief charge may not stand.[10]
- Challenging the value of the damage. Because the $5,000 line drives the penalty and the court, we scrutinize repair estimates and valuations, and where the evidence does not support the higher figure, we argue the case into the under-$5,000 category — or dispute that compensable damage occurred at all.
- Charter breaches. Where police obtained evidence through an unlawful search or seizure (section 8 of the Charter), an arbitrary detention (section 9), or a denial of the right to counsel (section 10(b)), we bring an application to exclude that evidence under section 24(2) of the Charter, applying the three-part test from R. v. Grant (2009).[13]
- Interference was not with a lawful use, or was not proven. For obstruction and interference charges under section 430(1)(c) and (d), we test whether the Crown can actually prove interference with a lawful use of property, and that it was wilful.
These are issues that may be available — not guarantees. No responsible lawyer promises a result before reviewing the disclosure. What we promise is a rigorous, honest assessment and a defence built around the specific facts and evidence in your case.
Common myths about mischief charges
"It was only minor damage, so it isn't really criminal." Not so. Mischief applies even where the damage is small or temporary — courts have held that impairing the usefulness or value of property, even briefly, can be enough. The value affects the penalty, not whether an offence exists.
"I can't be charged for breaking my own things." Frequently untrue. Where property is shared or jointly owned, or where damage is done with intent to defraud, section 429(3) allows a conviction even though you own part or all of it.
"Mischief and public mischief are the same charge." They are not. Property mischief is section 430; "public mischief" (misleading the police, for example with a false report) is section 140. They are different offences with different elements.
"A first mischief charge means a criminal record." Often untrue. Diversion, peace bonds, and absolute or conditional discharges can all resolve a first offence with no conviction registered.
"If I just explain what happened, they'll drop it." Explaining rarely helps and often supplies the very intent evidence the Crown was missing. You have the right to silence — use it, and speak to a lawyer first.
"There's no point fighting a small case." The "small" case is often the most winnable — and the stakes (record, restitution, immigration, travel) are anything but small.
What to do if you have been charged with mischief
- Say as little as possible. Be polite, provide identification if required, but exercise your right to remain silent. Do not try to talk your way out of it or explain how the damage happened.
- Exercise your right to counsel. Ask to speak with a lawyer as soon as you are detained or arrested.
- Do not contact the complainant. If you have a no-contact condition, follow it exactly — breaching it creates a new, separate charge.
- Write down everything you remember while it is fresh — what happened, who owned the property, what was said, who was present, and the timeline.
- Preserve helpful evidence. Keep all paperwork from the arrest and release, and save relevant messages, photos, or receipts (for example, proof of ownership or of a property dispute). Do not delete anything.
- Do not post about the case online and do not discuss the details in writing with friends.
- If you are not a Canadian citizen, tell your lawyer immediately — it can change the entire strategy.
Why choose Kazandji Law for your mischief defence
Kazandji Law is a Toronto criminal and family law firm built on a proactive, no-nonsense approach with a genuine personal touch. Mischief cases reward preparation — a close reading of the damage evidence and the identification, a working command of the intent and colour-of-right issues that decide these files, and the judgment to know when to fight a charge and when to steer it into diversion, a peace bond, or a discharge. Our team brings that preparation to every mischief file, whether it is a first-time graffiti allegation, a broken-property charge arising from a domestic dispute, or a matter the Crown is trying to escalate into over-$5,000 or danger-to-life territory.
We appear in the Ontario Court of Justice and Superior Court locations across the Greater Toronto Area — including the criminal court at 10 Armoury Street in downtown Toronto — and we defend mischief charges wherever they arise: downtown Toronto, North York, Scarborough, Etobicoke, Vaughan, Markham, Richmond Hill, Oakville, Hamilton, and beyond. You can meet our team, review our case results, and explore our full range of theft and property offence defence services — from break and enter and arson to possession of stolen property.
Frequently asked questions
What is mischief under the Criminal Code?
Mischief is the property-damage and property-interference offence in section 430 of the Criminal Code. A person commits mischief who wilfully destroys or damages property, renders it dangerous, useless, inoperative or ineffective, or obstructs or interferes with the lawful use, enjoyment or operation of property. It also covers wilful mischief in relation to computer data.
Is mischief the same as public mischief?
No. Property mischief is section 430 and concerns damage to or interference with property. "Public mischief" is a separate offence in section 140 that concerns misleading the police, such as by making a false report or accusation. They are different charges with different elements, even though the word "mischief" appears in both.
What is the difference between mischief over and under $5,000?
The dollar value of the damage sets the penalty. Mischief to property valued over $5,000 (or to a testamentary instrument) is punishable by up to 10 years' imprisonment on indictment under section 430(3). Mischief to property valued at $5,000 or less is punishable by up to 2 years on indictment under section 430(4), and is tried in the Ontario Court of Justice. Both are hybrid offences, so the Crown may also proceed by summary conviction.
What does the Crown have to prove for mischief?
The Crown must prove a prohibited act — damaging or destroying property, rendering it useless or dangerous, or interfering with its lawful use — and that the act was wilful. Under section 429(1), "wilfully" means the accused acted with intent or was reckless as to whether the prohibited result occurred. A genuine accident, with no intent and no recklessness, is not mischief.
Can I be charged with mischief for damaging my own property?
Sometimes, yes. Under section 429(3) of the Criminal Code, having a partial interest in property does not prevent a mischief conviction if you caused the damage, and even a total interest is no defence if the damage was done with intent to defraud. This is why damaging shared or jointly owned property — common in roommate and relationship disputes — can lead to a charge.
What is the maximum penalty for mischief?
It depends on the type of mischief. On indictment, the maximum is up to 10 years for mischief over $5,000, up to 2 years for mischief of $5,000 or less, up to 10 years for mischief to computer data, and up to life imprisonment for mischief that causes actual danger to life. On summary conviction, the default maximum under section 787 is a fine of up to $5,000 or up to two years less a day in jail (unless a higher penalty is specified). These are ceilings for the most serious cases.
Is mischief a hybrid offence?
Yes, in its main forms. Mischief over and under $5,000 and mischief to computer data are all hybrid offences, meaning the Crown chooses whether to proceed by indictment or by summary conviction. Mischief that causes actual danger to life under section 430(2) is a straight indictable offence.
Can a mischief charge be dropped or withdrawn?
Yes. Many mischief charges — especially first offences involving minor or moderate damage — are resolved through diversion or a peace bond, after which the charge is withdrawn with no conviction. Charges can also be withdrawn where the evidence is weak on intent, identity, or the value of the damage. Whether this is possible depends on the specific facts and the disclosure.
What is the colour-of-right defence to mischief?
Section 429(2) provides that no person can be convicted of mischief if they prove they acted with legal justification or excuse and with colour of right. In simple terms, an honest belief that you had a legal right to deal with the property the way you did — even a mistaken belief — can be a complete defence. It is especially relevant in disputes over shared, jointly owned, or contested property.
Will a mischief conviction affect my immigration status or travel?
It can. Under the Immigration and Refugee Protection Act, a conviction can affect a permanent resident's or foreign national's status, and because mischief over $5,000 is punishable by up to ten years, it may fall within the definition of serious criminality. A record can also complicate entry to the United States and other countries. If you are not a Canadian citizen, raise this with your lawyer at the very start.
Will I have to pay for the damage?
Possibly. Where a finding of guilt is entered, a court can order restitution to the victim under sections 738 and 739 of the Criminal Code. Even outside a conviction, agreeing to repair or repay the damage is often part of resolving a mischief charge through diversion — which can be the difference between a withdrawal and a record. Addressing the loss early is frequently central to a good outcome.
Do I really need a lawyer for a mischief charge?
Yes — arguably more than people realize. Because the best outcomes (diversion, a peace bond, a discharge, a withdrawal) usually have to be secured before a conviction is entered, and because defences like colour of right and lack of intent turn on technical detail, the value of an experienced lawyer is greatest early. A first mischief charge still puts your record, your finances, your immigration status, and your travel at risk.
Related pages
- Theft & property offences
- Break and enter
- Breaking & entering
- Arson
- Possession of stolen property
- Home invasion
- Domestic assault
- Criminal harassment
- Uttering threats
- Bail hearings
- Peace bonds
- Criminal appeals
- Record suspensions (pardons)
- Criminal defence overview
- Toronto criminal defence
- Meet our team
Sources & legal references
- Criminal Code of Canada (R.S.C., 1985, c. C-46), s. 430 (mischief — general offence s. 430(1); computer data s. 430(1.1) and (5); danger to life s. 430(2); over $5,000 / testamentary instrument s. 430(3); other property s. 430(4); hate-motivated religious/community property s. 430(4.1) and (4.101); war memorials s. 430(4.11)): laws-lois.justice.gc.ca/eng/acts/c-46/section-430.html.
- Criminal Code of Canada, s. 429 (s. 429(1) "wilfully" — knowledge and recklessness; s. 429(2) legal justification, excuse and colour of right; s. 429(3) partial or total interest in property): laws-lois.justice.gc.ca/eng/acts/c-46/section-429.html.
- Criminal Code of Canada, s. 787 (general penalty on summary conviction — fine of not more than $5,000 or imprisonment of not more than two years less a day, unless otherwise provided): laws-lois.justice.gc.ca/eng/acts/c-46/section-787.html.
- Criminal Code of Canada, s. 730 (absolute and conditional discharges): laws-lois.justice.gc.ca/eng/acts/c-46/section-730.html.
- Criminal Code of Canada, ss. 738–739 (restitution to victims for loss or damage to property): laws-lois.justice.gc.ca/eng/acts/c-46/section-738.html.
- Interpretation that mischief covers impairment of the usefulness or value of property, at least temporarily — summarized in Criminal Law Notebook, "Mischief to Property (Offence)": criminalnotebook.ca/index.php/Mischief_to_Property_(Offence).
- R. v. Charlton, 2014 QCCQ 4789 (CanLII) (deletion of another person's text messages capable of constituting mischief to data): canlii.org/en/qc/qccq/doc/2014/2014qccq4789.
- R. v. Quickfall, 1993 CanLII 3509 (QC CA), 78 C.C.C. (3d) 563, at p. 566 (mens rea for mischief is intention or recklessness): canlii.ca/t/1pbz1. See also R. v. Schmidtke, 1985 CanLII 3621 (ON CA): canlii.ca/t/gcdqg.
- R. v. Forsythe, 1986 ABCA 79 (CanLII) (identity of the owner is not an essential element; there must be some evidence the property does not belong to the accused): canlii.ca/t/2djrp.
- R. v. Nairn, 1955 CanLII 502 (NL SC) (danger to life must be the physical outcome of the damage); on the requirement of subjective intent for s. 430(2) see R. v. Lee, 2011 BCPC 367 (CanLII): canlii.ca/t/fpmd2.
- R. v. Stinchcombe, 1991 CanLII 45 (SCC) (Crown's duty of disclosure): canlii.org/en/ca/scc/doc/1991/1991canlii45.
- R. v. Grant, 2009 SCC 32 (three-part test for exclusion of evidence under Charter s. 24(2)): canlii.org/en/ca/scc/doc/2009/2009scc32.
Disclaimer: This page provides general legal information about Canadian and Ontario mischief law and is not legal advice. Laws, penalties, and prosecutorial policies change, and how they apply depends on the specific facts of your case. For advice about your situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship until a retainer is signed.