Public Mischief Lawyers In Calgary

Public Mischief is covered under s.140(1) of the Criminal Code.

Public Mischief is a charge that entails deliberately misleading a peace officer. Public mischief charges commonly arise out of false 9-1-1 calls requesting the assistance of the police, paramedics, firefighters, or false allegations against an innocent person. If a false call or allegation is made, it wastes significant public resources.

Due to this, the Crown takes public mischief charges very seriously.

Public mischief is treated as a hybrid offence with a Crown election. This means that depending on the circumstances of your case, the Crown can elect to proceed by indictment or summarily.

At Strategic Criminal Defence, our team of criminal defence lawyers have supported clients with public mischief charges. We have the experience and knowledge needed to provide you with sound advice on the best way to handle your public mischief charge.

Key Takeaways

• The severity of a public mischief offence will vary depending on whether you are prosecuted summarily or by indictment.
• There is potential for incarceration for a public mischief charge, varying from 0-5 years.
• Bail conditions can include a prohibition on drugs, alcohol, travelling, and weapons, and conditions such as curfew or house arrest.
• Public mischief charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.

How can a public mischief lawyer in Calgary help?

When fighting a public mischief charge, there are numerous advantages to hiring a criminal defence lawyer. A lawyer will provide you with legal advice before they charge you, which will allow you to determine if you would like to continue with their services. A lawyer can also protect you against self-incrimination by allowing you to navigate your conversations with law enforcement.

A lawyer’s purpose is to be dedicated to helping you beat the charge. A lawyer will gather evidence, interview witnesses, and retain expert witnesses if necessary to help you reach the best possible outcome. Lawyers also come with a wealth of experience navigating the criminal justice system and court process and can represent you during trial.

Public Mischief Charge in the Criminal Code of Canada

Public mischief encompasses a number of different actions, but most commonly arises out of false 9-1-1 calls requesting the assistance of the police, paramedics, firefighters, or false allegations against an innocent person.

According to s. 140(1) of the Criminal Code

Examples of Public Mischief Charges

Some examples of a public mischief charge may include the following:

• You phoned police to report that a bouncer at a nightclub threatened you, after you were thrown out of a night club while drunk.
• You called 9-1-1 and falsely accused your spouse of domestic assault during a heated verbal argument.
• You accused your neighbour of arson after a fire started in your home, but they had no involvement in the incident.
• The accused phoned 9-1-1 and falsely reported a crime for the purpose of seeing if police and emergency services respond.

Public Mischief Charge Defences

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a public mischief charge.

• Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you misleading a peace officer or other basic elements of the offence.
• No mental intent: A common defence available in public mischief cases is that you did not intend to mislead the peace officer. A basic example would be if you reported an offence that you mistakenly believed occurred, which did not.
• “Mistake of Fact”: A conviction for public mischief must rest on the fact that you knew it was a peace or public officer that you were misleading. If the officer was not in uniform or did not identify themselves as an officer, the requisite knowledge would be absent. For example, you could not be convicted of misleading an officer working undercover if they did not identify themselves as such.
• Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
• Any applicable Charter defences: The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

What are the consequences of a public mischief charge?

Public mischief is a hybrid offence with a Crown election. This means that depending on the circumstances of your case, the Crown can elect to proceed by indictment or summarily. If an accused is prosecuted by indictment, the potential penalties can range anywhere from a discharge (i.e. a finding of guilt, but no criminal conviction), to a fine and/or probation, to a period of jail time.

Where the offence is more serious, including a more significant cost of wasted resources or a more harmful impact on the complainant, the Crown will often seek jail time to deter future behaviour.

The maximum punishment for public mischief is no more than 5 years of incarceration if prosecuted by indictment. If the public mischief charge is prosecuted summarily, the maximum punishment is no more than 2 years of incarceration and/or a $5,000 fine.

Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences of a criminal conviction for public mischief. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.

Public Mischief Charge Investigation

An investigation of a public mischief charge in Calgary is typically initiated by the peace officer alleged to have been misled, the alleged victim (or relative or witness) of false accusations or they are ordered by the Court. As peace officers and public officers are often vested with powers authorizing arrest, a charge can flow directly from the alleged public mischief and may rely solely on the statement of the officer. The police will request a written or videotaped statement from the complainant and any witnesses, and will then initiate an investigation.

Calgary Police take public mischief crimes very seriously, as they impede law enforcement. The police will typically engage in a thorough investigation to find sufficient evidence to charge. After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. Police will track you down or issue a warrant for your arrest.

After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.

Bail Conditions for Public Mischief Charges

If you are released on bail after being charged with public mischief, you will be provided certain conditions which you must follow after being released to the public. If you do not follow these conditions, you can be arrested and held in custody pending another bail hearing. Your bail conditions will provide certain restrictions which you must follow.

Depending on your condition when committing an offence, conditions may limit drug and alcohol use or the possession of firearms and other weapons. More severe conditions can include house arrest or curfew conditions.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail.

Frequently Asked Questions About Public Mischief

Will a public mischief charge show on my criminal record while the case is ongoing?

While a public mischief charge will not show up on a criminal record while a case is ongoing, police databases will show that you have been charged with an offence. A vulnerable sectors check can possibly see ongoing charges you have that you have not been convicted of.

Will a public mischief charge show on my criminal record after the case is done?

Whether a public mischief charge shows up on your criminal record will depend on the resolution of your case. If you are found not guilty or have your charge resolved in a manner that does not involve a conviction, your matter will not show up on a criminal record. Alternatively, if you do plead guilty, it will show up on your record. Even if you plead not guilty, the police may have a record that you were charged with an offence.

How long does a public mischief case take?

The length of a public mischief case will vary depending on the amount of cases in court and the complexity of the case. The first step of any public mischief case is to order disclosure, which can take anywhere from a few weeks to a few months. Depending on whether you choose to set your matter for trial or resolve it before trial will also influence how long your case will take. A broad estimate can be anywhere from three to twelve months.

Can I travel while a public mischief case is ongoing?

You can likely travel while a public mischief case is ongoing. Though you are required to appear in court on certain days, your lawyer can do this on your behalf. Unless bail conditions limit your ability to travel, you should be able to do so freely. However, it is important to note that countries such as the USA will be able to see that a public mischief case is ongoing and may not allow you entry into that country.

If you have criminal charges and are considering travelling to the US, it is recommended that you seek legal advice to assist you in evaluating your entry prospects prior to travelling. Our office now offers a “waivers” service to gain entry into the US, even with a criminal charge or criminal record. For more information on this service please visit the Pardons page.

Can I go to jail for public mischief charges?

If you are found guilty of public mischief, you can go to jail. If the Crown proceeds by indictment, a public mischief charge carries a maximum sentence of no more than 5 years in jail. If prosecuted summarily, the maximum punishment is no more than 2 months of incarceration. There is no minimum jail sentence whether the Crown proceeds summarily or by indictment. Therefore, there is a possibility that you can go to jail for public mischief, but it is not guaranteed.

Related Offences

• Arson: Arson is an offence involving the dangerous use of fire or explosives. A person may commit public mischief by falsely claiming an act of arson has been committed to a peace officer.
• Breaking and Entering: Breaking and entering involves forcing your way into a place, which an individual may falsely report has occurred to a peace officer.
• Fraud: Fraud involves a wide array of acts where another person is defrauding. While public mischief may involve elements of fraud, it necessitates the deliberate act of making false claims to a peace officer.
• Mischief: Mischief is an unlawful interference with the property of another person. An individual may make unlawful interferences with the property of another in order to make a false claim to a peace officer, which is a public mischief offence.
• Possession of Stolen Property: A person who steals property while misleading a peace officer may clearly fall under possession of stolen property offence as well.
• Robbery: Robbery is an extreme version of theft which involves violence or the threat of violence. A person may commit a theft in the process of deliberately making a false claim to a peace officer.