What Is Public Mischief And Why Is It Considered A Crime?

Public mischief is a law that was put in place to deter the public from false reporting of offences. This law helps to discourage the public from coming up with false accusations against innocent individuals. This law also helps to avoid misuse of police investigatory resources, which may happen if a false statement is made and an innocent person is implicated.

Establishing a public mischief charge

In Canada, it is considered a crime if an individual misleads a police officer and causes him/her to enter on or continue an investigation in any of the following ways:

• If an individual makes a false statement that falsely accuses another person to have committed an offense
• If an individual does something that makes an innocent person to be suspected of having committed an offense that they did not commit
• If an individual falsely reports an offence that has not been committed
• If an individual falsely reports the death of another person who has not died

In order to be charged with a public mischief offense, the crown must prove that:

• The accused reported the offence
• The actions or words in the reported offence were wrong
• The accused’s intention to mislead the police
• The accused’s actions or words led the police to start or continue investigations.

Should the crown attorney fail to prove beyond reasonable doubt that the public mischief offence has not been committed, the accused will be entitled to an acquittal. Public mischief is a criminal offense and it includes any breach of the law whether federal, provincial or otherwise. This is a serious crime in Canada that can lead to up to 5 years of jail time.

What happens if the police are not actually misled by the false statements?

If the false statement made by the accused person does not mislead the police, the accused may be acquitted of public mischief. However, the accused may still be charged with attempted public mischief.

What if the false report is not made directly to the police officer?

There are situations where the accused makes the false report to someone else other than directly to a police officer. Although the law is still unsettled on this matter, there are cases whereby it is still considered public mischief even if the report wasn’t made directly to the police officer. For instance, if the accused reported to someone else who he/she knows that the person would contact the authorities, it may still be considered as public mischief.

What is the punishment for public mischief?

The maximum penalty, when found guilty of the crime of public mischief, is 5 years imprisonment. However, there are unique cases and the sentencing may vary depending on the offender and case at hand.

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If facing a public mischief case, it’s important to work with a criminal defence lawyer who is well versed in such criminal offences in Canada. At Costa Law, we represent clients facing criminal offences like public mischief charges. Contact us for a consultation.