Mischief is considered a property crime in Canada. A person commits this offence if they intentionally destroy or damage property, do something to render property dangerous, useless, inoperative or ineffective or interfere with another person’s use, enjoyment or operation of their property. Mischief can cover a wide arrange of offences, from breaking a shop window to spray painting a wall and beyond.
In order to succeed in prosecuting a mischief charge, the Crown must prove that the accused person wilfully intended to commit the act that they have been accused of. They must do this beyond a reasonable doubt.
There is no mandatory minimum punishment for mischief. This means that the court can consider a wide variety of possible sentences when dealing with a person convicted of mischief. In some circumstances, there may be no criminal record, even when a conviction is registered.
If you have been charged with mischief, you should speak to a lawyer as soon as possible.