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Charges · Mischief · Ontario

What happens after a mischief charge in Ontario?

What it means, what usually happens next, and what to bring to the first call.

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By Ali Sheikh, Remandly (founder, not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Last reviewed September 22, 2026 · Updated October 15, 2026

In short

  • The dollar value of the damage changes how serious the charge is: under $5,000 and over $5,000 are treated differently.
  • In Ontario, mischief is a charge the prosecutor may refer to a community justice program such as the Direct Accountability Program.

What usually happens next

  1. Step 1

    Arrest and the station You have the right to talk to a lawyer in private. You do not have to answer police questions.

  2. Step 2

    Police decide Police can release you with conditions and a court date, or hold you for a bail hearing.

What should you bring to the first call?

How it works in Ontario

Which court hears it in Ontario

An Ontario mischief charge, damage to property, starts in the Ontario Court of Justice, where the court says about 95% of charges are also completed. Ontario’s courthouse directory gives each court’s criminal office number.

Bail in Ontario

If someone is held on an Ontario mischief charge, Ontario’s D. 24 says release conditions must not be used to punish.

Programs and diversion in Ontario

Mischief is a charge Ontario prosecutors may refer to a community justice program such as the Direct Accountability Program (D. 4), in most Ontario jurisdictions.

The local process in Ontario

Duty counsel from Legal Aid Ontario can have a resolution meeting with the Crown on an Ontario court day. Under Ontario’s youth justice system, a youth may be diverted to a community program.

What do people ask about mischief charges?

Do I have to talk to the police?

No - a person does not have to answer police questions, and anyone arrested or detained has the right to speak to a lawyer, and police must tell them that.

What is the maximum penalty for mischief?

Under s. 430 of the Criminal Code it depends on the property: over $5,000, up to ten years by indictment; other property, up to two years by indictment; either can go summarily. Mischief that causes actual danger to life carries up to life imprisonment.

Sources

Federal law sources

Free 24/7 criminal law information · not legal advice. Legal Aid Ontario: 1-800-668-8258

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