Mischief Sentences, Restitution and Diversion

The short answer

Most mischief charges have no minimum sentence, and many end without a conviction. Paying for the damage early, with proof of payment, is often the single most helpful step you can take. The type of mischief sets the maximum penalty, and the circumstances decide where a sentence falls within that range. This guide explains the penalties, the outcomes that avoid a conviction and how restitution works.

Penalties by type

Property worth $5,000 or less

• Maximum: Up to 2 years by indictment, or summary conviction.

Property over $5,000

• Maximum: Up to 10 years by indictment, or summary conviction.

Computer data

• Maximum: Up to 10 years by indictment, or summary conviction.

Hate-motivated mischief to places of worship, schools and similar places

• Maximum: Up to 10 years by indictment, or summary conviction.

Actual danger to life

• Maximum: Up to life, and the charge can only be prosecuted by indictment.

War memorials

• Minimums: A $1,000 fine for a first offence, 14 days in jail for a second offence and 30 days for later offences (s. 430(4.11)).

On summary conviction, the maximum is 2 years less a day, a fine of up to $5,000, or both.

Outcomes without a conviction

• Diversion: This is often offered for minor first offences, usually with restitution or community service. The charge is then withdrawn.
• Peace bond: This is sometimes used in neighbour disputes. Crown policy limits peace bonds in domestic cases to exceptional situations. See our peace bonds page.
• Discharge (s. 730): This is available for most mischief charges. It is not available for mischief endangering life or mischief to a war memorial.
• Withdrawal: The Crown may withdraw the charge where the evidence is weak.

Restitution

The court must consider a restitution order in every case (s. 737.1), and it can order you to pay for the damage (s. 738). Paying before your court date, with receipts or another record of payment, often improves the result and can make diversion possible. Arrange it through your lawyer, so that it is documented properly and does not read as an admission.

How judges decide

Every sentence must fit the seriousness of the offence and your degree of responsibility. For mischief, judges look at the type and value of the damage. They also look at why it happened, the effect on the victim and your background. A first offence involving minor damage in a moment of anger is treated very differently from a planned attack on property or a pattern of damage.

What makes a sentence higher

• Value: Larger amounts of damage usually lead to higher sentences.
• Hate motivation: Targeting a place of worship or a group of people is treated very seriously.
• Family context: Damage in an intimate partner or family setting is an aggravating factor (s. 718.2(a)(ii)).
• Court orders: Breaking a court order at the time of the offence increases the sentence.
• Prior record: A history of similar offences makes jail more likely.
• Essential infrastructure: Since July 15, 2026, interfering with essential infrastructure, such as damaging power or communication lines to steal copper, has been a listed aggravating factor.

What makes a sentence lower

Factors that usually lower a sentence include full restitution before sentencing, a guilty plea and genuine remorse, no prior record, and steps to deal with the cause of the behaviour, such as counselling for anger or substance use.

Discharges and your record

An absolute discharge is removed from the national police database after 1 year. A conditional discharge is removed 3 years after it is granted. Both require that you stay out of trouble during that period (Criminal Records Act, s. 6.1). If you are convicted, you can later apply for a record suspension after 5 years for a summary conviction or 10 years for an indictable one.

Preparing for sentencing

Helpful material may include proof of restitution, letters from employers or community members, proof of counselling and information about your work and family. A judge may also order a pre-sentence report prepared by a probation officer.

Probation and conditions

Many mischief sentences include probation, which can last up to 3 years. Common conditions include paying restitution on a schedule and staying away from the property or the victim. Counselling and community service are also common. Breaking a probation condition is a separate criminal offence, so it is important to understand every condition before the sentence is imposed.

Mischief by young people

If the person charged was between 12 and 17 at the time, the Youth Criminal Justice Act applies instead of the adult sentencing rules. Police and the Crown must consider warnings, cautions and extrajudicial sanctions. Youth records also have strict limits on who can see them. Graffiti and other minor property damage by young people are often dealt with outside of court. See our youth criminal justice page.

Effects beyond the sentence

A mischief conviction can appear on background checks and cause problems at the U.S. border. For permanent residents, mischief over $5,000 or mischief to data can lead to inadmissibility for serious criminality, because the maximum is 10 years. For temporary residents, even a minor mischief conviction can cause problems, so get immigration advice before you resolve the case.

How we can help

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

Frequently asked questions