Mischief (Section 430 of the Criminal Code)

A person commits mischief when they wilfully destroy or damage property, render property dangerous, useless or inoperative, or obstruct, interrupt or interfere with another person’s lawful use, enjoyment or operation of their property.

Some examples

Spray-painting graffiti on a building;
Breaking a window or damaging a vehicle;
Damaging public property;
Blocking access to property.

Penalties

The penalty depends mainly on the value of the property and the circumstances. It is more severe where the damage exceeds $5,000, and it can go as high as life imprisonment where the mischief actually endangers someone’s life.

Defences

Depending on the case, it may be possible to raise justification, lawful excuse or colour of right, that is, an honest belief that one had the right to act as one did.

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Mischief (Section 430 of the Criminal Code)