Mischief is a term that encapsulates a variety of actions. You may be charged with mischief if you:
- Destroy or damage property
- Render property dangerous, useless, inoperative or ineffective
- Obstruct, interrupt or interfere with the lawful use, enjoyment or operation of property
- Obstruct, interrupt or interfere with any person in the lawful use, enjoyment or operation of property
Allegations of mischief often stem from incidents between family members, neighbours and acquaintances. Common examples include graffiti, intentionally destroying someone’s property during an argument and intentionally damaging public places, such as bus stops and benches.
Under the Criminal Code of Canada, mischief is broken into two different offences: Mischief Under $5,000 and Mischief Over $5,000.
Both offences are what are known as “hybrid” offences. This means that the offences can be prosecuted in two different ways: through summary conviction or indictment. The decision of how to prosecute is made by the Crown Prosecutor without the Court’s intervention.
A summary offence is generally considered less serious and will be heard by a Provincial Court Judge. Indictable offences, on the other hand, are considered to be more serious and generally attract a higher punishment at sentencing. Whether the offence is prosecuted through summary conviction or indictment will influence the possible sentences available to you if you are convicted at trial or choose to plead guilty.
When You Are First Charged
When you are first charged with mischief, you may not be formally arrested. Instead, you may be given an Appearance Notice or Promise to Appear. Even if you are not formally arrested, you will still be required to attend court and charges will begin to proceed against you.
If you are taken into police custody and formally arrested, you may be released on an Undertaking which may contain conditions. In some situations, such as if you already have charges pending against you or a pre-existing criminal record, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
If you are released on conditions, you could face additional charges if you do not follow them. These additional charges, often referred to as “breaches”, will then be required to be defended as well.
Conditions may include not attending at a certain address (such as were the alleged mischief occurred) or refraining from contacting an alleged victim.
No matter this initial interaction with police, it is important to keep all the documents that you are provided with. These notices will inform you of the date and time of your first appearance in Court. You may also be required to attend a police station to provide fingerprints. If you do not, you will likely face additional charges.
It will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community. If you, or your lawyer, do not attend at the specified date and time, a warrant for your arrest may be issued.
What You Can Expect
If you have been charged with mischief, it is important to call us at 780-686-7948. A criminal conviction may result in you facing a number of consequences and challenges, even after sentencing is complete. You may be prohibited from entering certain countries, such as vacationing in Mexico or the United States. If you are not a Canadian citizen, you could face additional immigration consequences. Even if this is your first encounter with criminal justice system, you could also face challenges in obtaining or retaining your employment as the offence of theft is commonly considered a “crime of dishonesty”.
Mr. Y Rory Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
Sentencing
While each case is unique, possible sentences include:
- Jail (Up to 10 Years)
- Fines
- Probation
- Discharge