The charge covers a wide range of possible offences from interfering with computer data to mischief endangering life or causing death
A mischief charge under the Criminal Code is extremely flexible, covering a wide range of possible offences from interfering with computer data to mischief endangering life or causing death.
The most common use of mischief in the context of protests relates to interference with someone’s rights either to work or access property or tools, said Martin Peters, a Vancouver criminal lawyer.Counselling involves leading or telling someone to commit mischief.What are the consequences of conviction?
Kicking a wall could result in a fine, while mischief to a war memorial or blocking significant portions of downtown could see up to 10 years of jail time, Toronto criminal lawyer Karen McArthur said.While Peters said counselling to commit mischief should carry similar consequences to mischief itself, McArthur said this case could see prosecutors push for harsher penalties.
The counselling charge could be taken more seriously, as it puts organizers like Tamara Lich and Chris Barber in a leadership role of “an organization that had lots of tentacles,” she said.This advertisement has not loaded yet, but your article continues below.The case is typically a four-step process, according to McArthur. First the accused is charged, then the accused asserts his or her charter rights to free expression and peaceful assembly.
“The charges are not that significant. Mischief to property is a pretty low-level crime and carries with it pretty low-level sanctions. But once the police are able to charge, then they are able to arrest and detain,” he said. At a bail hearing, a judge can add further stipulations, such as “get out of town,” Peters said.
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