i.
What the charge means
Mischief under s.430 covers wilful destruction, damage, rendering useless, or obstruction of the lawful use of property. Mischief under $5,000 is the most common variant.
Criminal Code s.430
Mischief charges in Burlington, Ontario.
Damage to or interference with property — graffiti, vandalism, obstruction. Available defences turn on intent, ownership, and proportionality.
- Courthouse
- Milton Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 878-7281
- Consultation
- Free & Confidential
ii.
Penalties
Summary mischief under $5,000: up to 2 years less a day. Indictable forms carry significantly higher penalties depending on the value and target of the property.
iii.
Available defences
- Colour of right
- Accidental damage (no intent)
- Consent of the owner
- Charter — search and seizure
iv.
The process
Disclosure review, restitution discussions, Crown resolution, peace bond, or trial.
v.
Notes for Burlington
Burlington HTA and Provincial Offences Act matters are heard at the Halton POA Court on Harvester Road. Criminal matters from Burlington proceed at the Halton Region courthouse in Milton on Steeles Avenue.
Milton Courthouse (Ontario Court of Justice)
491 Steeles Avenue East, Milton, ON L9T 1Y7
(905) 878-7281
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