Toronto Mischief Lawyer

Introduction

There are a number of property crimes in the Criminal Code of Canada that as defence lawyers we often see in our practices. One of the more common property crimes is Mischief, which is the focus of this article.

If you’ve been charged with a Mischief (either Under or Over $5,000), then you’re in the right place. This article will provide you with a brief overview of the offence and information that will help guide you with your next steps in defending it.

What is Mischief?

Mischief is a property crime which is set out in section 430(1) of the Criminal Code of Canada.  The Criminal Code states the following:

“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.”

Mischief is broken down into 2 separate offences – Mischief Under $5,000 and Mischief Over $5,000.  The charge will be according to the value of the damaged property.

The most commonly laid charge of Mischief is (a) above.  However, you may also be charged with Mischief and require a Toronto Mischief Lawyer if you don’t damage property, but interfere with society’s lawful use and enjoyment of property.

Interference with Lawful Use and Enjoyment

Obstructing the lawful use and enjoyment of property captures a broad segment of potential activity.  For example, if an individual intentionally parks there car in the middle of a road with the view to prevent other cars from passing could give rise to a Mischief charge, as the individual would be interfering with others’ lawful use of that roadway. 

Sometimes, overly broad sections of the Criminal Code of Canada lead to the police arresting people in circumstances where they feel there’s been a legal transgression where in reality there has not.  If you’ve been charged with Mischief – Interference with Lawful Use and Enjoyment, then consult a Toronto Mischief Lawyer for legal advice on the issue.

Potential Defences to Mischief

There are a number of different defences that can be raised against Mischief allegations, including:

• the defence of Colour of Right (see s. 429(2)) of the Code);
• arguing that the act that led to the damage was not willful;
• establishing ownership of the damaged property;
• denying that you took part in the act complained of altogether (ie, they have the wrong person)

A Toronto Mischief Lawyer can discuss your potential rights and defences with you once they’ve received and reviewed your disclosure.

Potential Outcomes to Mischief Charges

If it’s your first time facing a property crime allegation, jail is an unlikely outcome.  Depending on the value of the property, the Crown Attorney may agree to “divert” your matter (ie, withdraw or stay the charges) if restitution is paid back.  For more serious cases, where there are aggravating features to the offence (such as repetitive behaviour over a longer time span), the risk of a criminal record goes up.   Before pleading guilty to a Mischief Charge, ensure that you have obtained thorough legal advice so that you are aware of what your options are, and whether there is any potential way to get the Crown to withdraw your charges, avoiding a guilty plea.

Andrew Captan – Toronto Mischief Lawyer

To learn more about defending Mischief allegations, call (647) 878-6355 to speak to Andrew Captan – Criminal Lawyer or visit his website HERE.