Criminal Code (R.S.C., 1985, c. C-46)

427 [Repealed, 2018, c. 29, s. 50]

PART XIWilful and Forbidden Acts in Respect of Certain Property

Interpretation

Definition of property

428 In this Part, property means real or personal corporeal property.

Marginal note:Wilfully causing event to occur

• 429 (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

• Marginal note:Colour of right

  (2) A person shall not be convicted of an offence under sections 430 to 446 if they act with legal justification or excuse or colour of right.

• Marginal note:Interest

  (3) Where it is an offence to destroy or to damage anything,

  • (a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and

  • (b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

Mischief

Marginal note:Mischief

• 430 (1) Every one commits mischief who wilfully

  • (a) destroys or damages property;

  • (b) renders property dangerous, useless, inoperative or ineffective;

  • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

  • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

• Marginal note:Mischief in relation to computer data

  (1.1) Everyone commits mischief who wilfully

  • (a) destroys or alters computer data;

  • (b) renders computer data meaningless, useless or ineffective;

  • (c) obstructs, interrupts or interferes with the lawful use of computer data; or

  • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

• Marginal note:Punishment

  (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Punishment

  (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Idem

  (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Mischief relating to religious property, educational institutions, etc.

  (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Definition of property

  (4.101) For the purposes of subsection (4.1), property means

  • (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;

  • (b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;

  • (c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or

  • (d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.

• Marginal note:Mischief relating to war memorials

  (4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

  • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

    • (i) for a first offence, to a fine of not less than $1,000,

    • (ii) for a second offence, to imprisonment for not less than 14 days, and

    • (iii) for each subsequent offence, to imprisonment for not less than 30 days;

  • (b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

  • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.

• Marginal note:Mischief in relation to cultural property

  (4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Mischief in relation to computer data

  (5) Everyone who commits mischief in relation to computer data

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence

  (5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Saving

  (6) No person commits mischief within the meaning of this section by reason only that

  • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

  • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

  • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

• Marginal note:Idem

  (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

• Marginal note:Definition of computer data

  (8) In this section, computer data has the same meaning as in subsection 342.1(2).

Marginal note:Attack on premises, residence or transport of internationally protected person

431 Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

Marginal note:Attack on premises, accommodation or transport of United Nations or associated personnel

431.1 Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

Marginal note:Definitions

• 431.2 (1) The following definitions apply in this section.

  explosive or other lethal device

  explosive or other lethal device means

  • (a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or

  • (b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material. (engin explosif ou autre engin meurtrier)

  infrastructure facility

  infrastructure facility means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications. (infrastructure)

  military forces of a state

  military forces of a state means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility. (forces armées d’un État)

  place of public use

  place of public use means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis. (lieu public)

  public transportation system

  public transportation system means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo. (système de transport public)

• Marginal note:Explosive or other lethal device

  (2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Armed forces

  (3) For greater certainty, subsection (2) does not apply to an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

Marginal note:Unauthorized recording of a movie

• 432 (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Unauthorized recording for purpose of sale, etc.

  (2) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack for the purpose of the sale, rental or other commercial distribution of a copy of the cinematographic work

  • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Forfeiture

  (3) In addition to any punishment that is imposed on a person who is convicted of an offence under this section, the court may order that anything that is used in the commission of the offence be forfeited to Her Majesty in right of the province in which the proceedings are taken. Anything that is forfeited may be disposed of as the Attorney General directs.

• Marginal note:Forfeiture — limitation

  (4) No order may be made under subsection (3) in respect of anything that is the property of a person who is not a party to the offence.

Arson and Other Fires

Marginal note:Arson — disregard for human life

433 Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

• (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or

• (b) the fire or explosion causes bodily harm to another person.