Criminal Code

Marginal note:Mischief

• 430 (1) 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.

• Marginal note:Mischief in relation to data

  (1.1) Every one commits mischief who wilfully

  • (a) destroys or alters data;

  • (b) renders data meaningless, useless or ineffective;

  • (c) obstructs, interrupts or interferes with the lawful use of data; or

  • (d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.

• Marginal note:Punishment

  (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Punishment

  (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Idem

  (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Mischief relating to religious property

  (4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

• Marginal note:Mischief relating to war memorials

  (4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

  • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

    • (i) for a first offence, to a fine of not less than $1,000,

    • (ii) for a second offence, to imprisonment for not less than 14 days, and

    • (iii) for each subsequent offence, to imprisonment for not less than 30 days;

  • (b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

  • (c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding 18 months.

• Marginal note:Mischief in relation to cultural property

  (4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Idem

  (5) Every one who commits mischief in relation to data

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence

  (5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Saving

  (6) No person commits mischief within the meaning of this section by reason only that

  • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

  • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

  • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

• Marginal note:Idem

  (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

• Definition of data

  (8) In this section, data has the same meaning as in section 342.1.