Public Mischief Charges in Canada

The short answer

Public mischief is not about property. Instead, it is about misleading police into starting or continuing an investigation, for example by making a false report or falsely accusing someone of a crime (s. 140). It carries up to 5 years by indictment. These charges often arise in emotional situations, such as relationship breakdowns or insurance claims, so careful advice before speaking to police again is important.

Four ways to commit it

Section 140(1) sets out four ways to commit public mischief. Each one requires an intent to mislead a peace officer:

1. False accusation: Falsely accusing another person of committing an offence.
2. Diverting suspicion: Doing something to make another person look like a suspect, or to shift suspicion away from yourself.
3. False report: Reporting that an offence was committed when it was not.
4. False report of death: Falsely reporting that you or someone else has died.

Public mischief is different from property mischief, which involves damaging or interfering with property and is explained in our guides to mischief under $5,000 and mischief over $5,000.

Common situations

• Reporting a car or phone stolen when it was not, often to support an insurance claim.
• Making a false complaint against a partner or former partner.
• Planting evidence to make someone else look guilty.
• Recanting an earlier complaint, where police say the first report was false.

Recanting a complaint

Changing your account of what happened is not automatically public mischief. People recant for many reasons, including fear, pressure from others or a wish to reconcile with a partner. The Crown must prove that the original statement was false and was made to mislead police.

If you are thinking about withdrawing or changing a complaint, get advice before you give police another statement. A new statement can create risks for you, even if your goal is to help someone else.

What the Crown must prove

What happens after you are charged

1. Release: Most people are released by police with a court date, sometimes with conditions not to contact the person they accused.
2. Disclosure: The Crown provides its evidence, which usually includes your original statement, police notes and any evidence showing the report was false.
3. Pre-trial: Your lawyer reviews whether the Crown can prove that the report was false and that you intended to mislead.
4. Resolution or trial: Some cases resolve through diversion or a peace bond, while others go to trial on intent or truth.

The evidence in a typical case

The Crown often relies on a recorded or written statement you gave to police, along with evidence that contradicts it. That evidence might include video, phone records, location data, insurance documents or statements from other witnesses. The Crown must prove more than an inconsistency, because a report can be inaccurate without being deliberately false.

Penalties

• By indictment: The maximum is 5 years in jail.
• On summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.

There is no minimum sentence, so a discharge may be available. Insurance-related cases may also lead to fraud charges. See insurance fraud.

What makes a sentence higher

Courts treat public mischief more seriously when an innocent person was arrested, held in custody or charged because of the false report. Sentences also tend to be higher when police spent significant time and money on the investigation, or when the false report was part of a plan to obtain money.

Defences

• The report was true: The events happened, or you honestly believed they did.
• No intent to mislead: You made an honest mistake about what happened or who was involved.
• No investigation: Police did not start or continue an investigation because of your statement.
• Charter issues: Police breached your rights when questioning you, which may affect whether your statements can be used.

Effects beyond the sentence

Public mischief is treated as a dishonesty offence, which can affect background checks for jobs that involve trust or security. A conviction can also cause problems at the U.S. border. For temporary residents, such as students and workers, a conviction can lead to inadmissibility under Canadian immigration law.

Possible outcomes

Public mischief and intimate partner cases

Some public mischief charges arise after a person reports an assault by a partner and later tells police that the report was false. These cases need particular care. A person may change their account because they feel pressure from the partner, family members or friends, or because they fear the consequences of the original report. The Crown must prove that the first report was false, not just that the person now says something different.

Insurance-related cases

When a person reports a theft to police in order to support an insurance claim, the report and the claim are often investigated together. If the Crown alleges that the theft never happened, the person may face both a public mischief charge and a fraud charge. Insurers often share their files with police, so statements made to an insurance investigator can become evidence in the criminal case.

What to do now

• Do not give police another statement before you receive legal advice.
• Do not contact the person you are alleged to have accused falsely.
• Keep any messages, call logs or documents connected to the original report.
• If an insurance claim is involved, do not speak to the insurer's investigator before getting advice.

How we can help

We can advise you before you speak to police again, and defend a public mischief charge if one is laid. Call (647) 223-1980 for a free consultation.

Frequently asked questions