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 Toronto, Ontario.
Damage to or interference with property — graffiti, vandalism, obstruction. Available defences turn on intent, ownership, and proportionality.
- Courthouse
- Toronto Courthouse (Ontario Court of Justice)
- Court Phone
- (416) 327-5707
- 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 Toronto
Toronto's POA matters are heard at 137 Edward Street; summary criminal charges are heard at the new Toronto Courthouse on Armoury Street, College Park, and the Ontario Court of Justice at Old City Hall (where still in operation). We appear at all of them.
Toronto Courthouse (Ontario Court of Justice)
10 Armoury Street, Toronto, ON M5T 0C2
(416) 327-5707
Charged with mischief?
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