What is mischief under the Criminal Code of Canada?
Mischief (s.430) is the offence of wilfully destroying or damaging property, rendering it useless or ineffective, or obstructing its lawful use. It is Canada's equivalent of vandalism and covers everything from graffiti and broken windows to interfering with computer data.
What is the penalty for vandalism in Canada?
Mischief where the damage exceeds $5,000 is an indictable offence with a maximum of 10 years. Mischief of $5,000 or less is a hybrid offence with a maximum of 2 years. Mischief that causes actual danger to life is indictable and carries a maximum of life imprisonment.
Is the $5,000 threshold important for mischief?
Yes. As with theft, $5,000 is the key threshold. Damage over $5,000 makes mischief a straight indictable offence with a 10-year maximum, while damage of $5,000 or less is a hybrid offence that the Crown can prosecute summarily, usually with much lighter penalties.
Will I have to pay for the damage I caused?
Very likely. In addition to any fine or other sentence, courts routinely order restitution requiring you to reimburse the property owner for the actual cost of repairing or replacing what was damaged. Restitution is enforceable as a civil judgment.
Is graffiti a criminal offence in Canada?
Yes. Graffiti on property you do not own or have permission to mark is charged as mischief. For a first offence involving minor damage, outcomes often include diversion, a discharge, or a fine with restitution and community service, but a conviction still creates a record.