The law says
Criminal Code s. 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.
- (1.1)Everyone commits mischief who wilfully (a) destroys or alters computer data;
- (b)renders computer data meaningless, useless or ineffective;
- (c)obstructs, interrupts or interferes with the lawful use of computer data; or
- (d)obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
- (2)Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
- (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.
- (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.
- (4.1)Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability, (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.
- (4.101)For the purposes of subsection (4.1), property means (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
- (b)a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
- (c)a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
- (d)a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.
- (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 of not more than two years less a day.
- (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.
- (5)Everyone who commits mischief in relation to computer 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.
- (5.1)Everyone who wilfully does an act or wilfully omits to do an act that it is their 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 computer 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.
- (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.
- (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.
- (8)In this section, computer data has the same meaning as in subsection 342.1(2).
Amendment History (8)
- R.S., 1985, c. C-46, s. 430
- R.S., 1985, c. 27 (1st Supp.), s. 57
- 1994, c. 44, s. 28
- 2001, c. 41, s. 12
- 2005, c. 40, s. 3
- 2014, c. 9, s. 1, c. 31, s. 19
- 2017, c. 23, ss. 1, 2
- 2019, c. 25, s. 162
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