In accordance to the Criminal Code of Canada, Mischief is an offense that involves intentionally damaging, destroying, obstructing or interfering with other persons' property. In the Province of Ontario, Mischief offenses may be charged for crimes including; vandalizing (or damaging), creating graffiti on private property, breaking windows, causing damage to vehicles, disabling or interfering with utility services, or otherwise interfere with others lawful use of their property. While permanent damage to property is typically required for a mischief charge; temporary disruption/interference of property can also result in criminal charges.

Typically, the Crown will have to demonstrate that the crime was done intentionally (wilfully) in order to find someone criminally responsible. Criminal charges are typically difficult to lay when there is only an accident. The police can charge people with this offence where they believe the accidental damage was the result of their being reckless or careless. In many cases the witness accounts, video tape, etc., that surround what happened to determine whether it was intentional or not.

The main difference lies in how much money was allegedly damaged by your actions. The lesser offense (under) will have fewer, less severe outcomes for you such as; A Criminal Record, Probation, Fines or Jail Time. The greater offense (over) has the opportunity to be punished with some harsher penalties than would normally be seen in this type of case including; Greater Amounts of Restitution, More Harsh Bail Conditions, Much More Serious Long Term Consequences.

No. The decision of whether to proceed with criminal charges in court lies solely with the Crown Attorney for that jurisdiction. Regardless of whether the property owner wishes to discontinue their pursuit of the issue or repair the damages, the prosecution can choose to continue with the charges based on an assessment as to whether sufficient evidence exists and/or pursuing the case is in the best interests of society.

Yes it can. Depending on what you are applying for (i.e., job, license, visa) your criminal record for mischief could potentially limit your ability to obtain future employment, be licensed in certain professions, apply for an immigrant visa to travel to the U.S. or other destinations. Many employers that hire people they want to give access to sensitive information (for example, financial data), or have employees working with vulnerable individuals will look at potential hires' criminal records prior to making a decision to hire them. Also, even relatively minor convictions related to property offenses can have long-lasting impacts.