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 Kitchener, Ontario.
Damage to or interference with property — graffiti, vandalism, obstruction. Available defences turn on intent, ownership, and proportionality.
- Courthouse
- Kitchener Courthouse (Ontario Court of Justice)
- Court Phone
- (519) 741-3200
- 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 Kitchener
Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street. Provincial offences from across the region — Kitchener, Waterloo, Cambridge and the townships — are heard at the Waterloo Region POA court on Queen Street North.
Criminal Court
Kitchener Courthouse (Ontario Court of Justice)
85 Frederick Street, Kitchener, ON N2H 0A7
(519) 741-3200
All Waterloo Region criminal matters — Kitchener, Waterloo, Cambridge and the townships.
Charged with mischief?
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