NCJ Number
93487
Date Published
1983
Length
69 pages
Annotation
This first report by the Canadian Law Reform Commission on the reform of the law pertaining to 'mischief' concludes that the current law is characterized by complexity, duplication, excessive detail, and lack of overall direction; proposed reform would narrow the law to focus on the offense of 'vandalism.'
Abstract
The law of mischief (including related offenses such as arson) is contained primarily in Part IX of the Criminal Code. The value most commonly considered as being protected by the law of mischief is respect for property. The original offenses of malicious damage, from which the present law derives, focused on physically damaging or destroying the property of others. These offenses, which were often quite detailed, are presently synthesized in general language in what is called committing mischief 'by damaging or destroying property.' The other three methods by which the key offense of mischief may be committed continue to engender respect for property, but have expanded the original focus to include conduct that many would view as being less significant than damaging or destroying property. The first issue for law reform, then, is whether the law of mischief now casts its net of criminality too widely, so as to embrace conduct too diverse and perhaps even too trivial to fall within it, given its narrow historical objectives. The reform proposal recommends a law that prohibits conduct which damages or destroys property or renders property useless by tampering with it. It is recommended that the offense be named 'vandalism.' It is further proposed that the offense be restricted to conduct affecting the property of others and limited to acts affecting corporeal property. The mental element for vandalism is suggested as intent or recklessness. Other details of the offense are included in recommendations. A total of 157 notes are provided.