§ Mischief

Place holder.

Mischief

430. (1) Every one commits mischief who wilfully

  1. destroys or damages property;
  2. renders property dangerous, useless, inoperative or ineffective;
  3. obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
  4. obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Mischief in relation to computer data

(1.1) Everyone commits mischief who wilfully

  1. destroys or alters computer data;
  2. renders computer data meaningless, useless or ineffective;
  3. obstructs, interrupts or interferes with the lawful use of computer data; or
  4. 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.

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.

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

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  2. is guilty of an offence punishable on summary conviction.
Idem

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

  1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
  2. is guilty of an offence punishable on summary conviction.

Definition of "property"

428. In this Part, "property" means real or personal corporeal property.

R.S., c. C-34, s. 385.
Wilfully causing event to occur

429. (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

Colour of right

(2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.

Interest

(3) Where it is an offence to destroy or to damage anything,

  1. the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and
  2. the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

R.S., c. C-34, s. 386.