Mischief Under $5,000 in Ontario

The short answer

Mischief under $5,000 is the most common mischief charge in Ontario. It covers things like graffiti, a keyed car, a broken window or a phone damaged in an argument. It is a criminal charge that can lead to a record, but many cases end in diversion, a peace bond or a discharge. Paying for the damage early and following your release conditions closely often make the biggest difference to the outcome.

What is a mischief charge?

Under s. 430(1), mischief means wilfully doing any of the following:

• Damaging or destroying property.
• Making property dangerous, useless or ineffective.
• Interfering with someone's lawful use or enjoyment of property.

"Wilfully" includes recklessness, which means you knew damage would probably result and carried on anyway.

Common examples

• Graffiti or other vandalism.
• Keying a car or slashing a tire.
• Breaking a window or door.
• Damaging a phone during an argument.
• Blocking someone's driveway or access to their property.

"Vandalism" is an everyday word, not a separate offence, so it is usually charged as mischief.

Under or over $5,000?

The value of the property decides which charge applies. If the Crown cannot prove that the value was over $5,000, the charge is mischief under $5,000. See mischief over $5,000.

What the Crown must prove

What happens after you are charged

1. Release: Most people are released by police with a court date and conditions, such as staying away from the property or the owner.
2. First court date: Charges from Mississauga and Brampton are generally heard at the Brampton courthouse, and your lawyer can usually appear for you.
3. Disclosure and discussions: Your lawyer reviews the evidence and asks the Crown about diversion or another resolution.
4. Resolution or trial: If the case does not resolve, it is tried by an Ontario Court judge without a jury, even if the Crown proceeds by indictment (s. 553).

The evidence in a typical case

The Crown often relies on photographs of the damage, video from stores, homes or doorbell cameras, witness statements and repair estimates. Video is often less clear than people expect, and it may not show who caused the damage or whether it was deliberate.

Penalties

• By indictment: The maximum is 2 years in jail (s. 430(4)).
• On summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.
• Minimum: There is no minimum sentence.
• Discharge: A discharge may be available.

How these cases often end

• Diversion: This is common for minor first offences, often after the damage is paid.
• Restitution: Paying for the damage early can be a relevant factor for the Crown and the court.
• Peace bond: This is common in neighbour and family disputes. See mischief in domestic and neighbour disputes.
• Withdrawal: The Crown may withdraw the charge where the evidence is weak.

See mischief sentences, restitution and diversion.

Possible defences

• Accident: The damage was not wilful or reckless.
• Colour of right: You honestly believed you had a right to act (s. 429(2)).
• Ownership: The property was entirely yours, and no one else had an interest in it.
• Identity: The video or witnesses do not clearly show that you were the person involved.

Effects beyond the sentence

Even a minor mischief conviction can appear on background checks and cause problems when you try to enter the United States. For temporary residents, such as students and foreign workers, a conviction can also lead to inadmissibility under Canadian immigration law. That is why outcomes that avoid a conviction are worth pursuing.

What to do if you are charged

• Follow your release conditions exactly.
• Keep photographs, receipts and messages related to the incident.
• Do not pay the complainant directly before you receive legal advice.
• Ask for video early, because store, doorbell and phone footage can be erased within days.
• Do not discuss the case with police without legal advice.

Graffiti and property damage in public places

Graffiti on public property, such as transit shelters, bridges and city buildings, is usually charged as mischief under $5,000. Cities and transit agencies often provide the cost of cleaning to the Crown, and those costs may be used for restitution. Organized or repeated graffiti over a period of time may be grouped together and lead to a higher-value charge, so each incident should be examined separately.

Mischief in a workplace or store

Damage to a workplace, a store display or a restaurant during an argument or while intoxicated can also lead to a mischief charge. Businesses often have video, and staff may give statements quickly. The owner may also ask you to pay for the damage directly. That request is separate from the criminal case, and paying it does not end the charge, so get advice before you agree to anything.

Possible outcomes

How we can help

We can ask the Crown for diversion, arrange documented restitution and protect your record. Call (647) 223-1980 for a free consultation.

Frequently asked questions