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How can i get a charge of criminal mischief dropped.itis my first offense.i sat down in the entrance to a federal institution as part of as a protest movement.

The charge is "did willfully interfere with the lawful use and operation of property, namely" ... and there follows the name of the federal penitentiary where a group of citizens protested against the removal of farm animals to begin the dismantling of prison farms.

Asked over 1 year ago in Ontario
Categories: Criminal Law 

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Yossi Schochet

Answer by Yossi Schochet

VerifiedOntario lawyer

The Crown will likely offer Diversion to most of the protesters. "Formal Diversion" may require signing a document stating that the accused "accepts responsibility" for his/her actions. While an informal Diversion may be negotiated with the Crown that circumvents this document signing. Another option may be by resolving with a Peace Bond - to keep the peace and be of good behaviour for 12 month (and possibly a term not attend within X meters of the Institution except for certain purposes).
I suggest you hire a lawyer to facillitate the negotiation without sacrificing the principles that are dear to you.
Further, in such a case, I would venture to make an exception to the general rule of representing more than one co-accused by suggesting that it would be more economical if several in the group hire one lawyer for all - provided all have equal involvement, are in the same situation and there is no conflict. 
 

Posted over 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Yossi Schochet, search the Lawyer Directory, or use our free Lawyer Referral Service.

Comment from Ottawa, Ontario


Don't forget a charter challenge .. we have the right to protest... does this not count for anything? Is there no option for a citizen of Canada to argue that they have the constituional right to protest? I just don't want to see someone agree to admit guilt with conditions if they have the option of clearing their name. The Crown is in a position to try and get the quickest and most efficient resolution possible for the courts. But the individual has rights as well.
I would advise the first lawyer you seek be a lawer who belives in the Charter and who upholds it. Not just any lawyer who will take the legal aid and go for the easiest, quickest resolution in the best interests of the courts and their need for time management.
As regular citizens. let's analyse the offence. What section of the criminal code have you been charged under?

Posted over 1 year ago

Comment from Ottawa, Ontario


Upon deeper analysis, it appears you have been charged under section 430 (1) (d) of the Criminal Code of Canada, which reads as follows.
Mischief
430. (1) Every one commits mischief who wilfully
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
So think about this..the charge very specifically says... you had to "willfully". this is the Mens Rea (Mental Element) of the offence. So you had to INTEND to obstruct, interrupt, or interfere with a person's lawful use, enjoyment, or operation of the property.
So did your sit-in WILLFULLY INTERRUPT, INTERFERE or OBSTRUCT a person's lawful use, enjoyment, or operation of the property? Really think about this. Get a dictionary and define each word used in that charing provision of the Crim Code.
Then after figurng out if you did in fact Interrupt, Interfere, or Obstruct a person's lawful use, enjoyment, or operation of the property, they then have to prove WHO or what PERSON had their lawful use, enjoyment, or operation of the property Interrupted, Interffered, or Obstructed.
They have to prove each element. Each element is each "part" of the charge. In this case, you have to have interrupted, interfered, or obstructed (each or any one of those) the lawful use, enjoyment, or operation of the property.
Did your actions do any of the above? Either way, check this out.
it sounds to me as if you were in attendance at the "place" (see above) for the purpose of obtaining or communicating information to people. Information which is the purpose of your protest.
So why does that matter? Because section 430 (7) of the criminal code says;
(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.
So, did you attend at the "place" for the purpose only of communicating information? If so, this section (430 (7) says that you have not committed mischief. So, why not try to fight it? Print this and give it to your lawyer. If he does not give you a valid reason as to why not to argue this in court, fire him and self-represent so you can fight it in court youself, becuase your lawyer probably wont' try.

Posted over 1 year ago
Fairway Divorce Solutions SACCA Law Group