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Public mischief is a criminal offence under section 140 of the Criminal Code. It is committed by someone who, intending to mislead, causes the police to start or continue an investigation by making a false accusation, casting suspicion on someone else or away from themselves, reporting a crime that never happened, or falsely reporting a death. It is a hybrid offence with a maximum of five years in jail. The intent to mislead is where most public mischief cases are fought.
It is a crime in Canada to cause a police officer to enter on or continue an investigation with the intent to mislead them in any of the following scenarios:
- (a) making a false statement that accuses some other person of having committed an offence;
- (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
- (c) reporting that an offence has been committed when it has not been committed; or
- (d) reporting or in any way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
Committing any of these acts can lead to a public mischief charge. It is often laid alongside, or instead of, related charges such as obstructing a police officer. It is a different offence from mischief, which is about damage to or interference with property.
- The charge
- Criminal Code s. 140
- Crown must prove
- Intent to misleadAnd that it caused a police investigation
- Maximum sentence
- 5 yearsOn indictment; hybrid offence
- Minimum sentence
- NoneA discharge or diversion is possible
What does the Crown have to prove for public mischief?
Every public mischief charge needs a false report or act, an intent to mislead, and an investigation it caused. If the Crown fails on any one of them, the charge fails.
Key considerations
Why it is a crime
The purpose of this law is to discourage the false reporting of offences. In a general sense, this charge is designed to prohibit someone from making false accusations which can potentially implicate an innocent person and usurp precious police investigatory resources.
“Offence” is read broadly
The word "offence" has been given a very broad interpretation by our courts. The term “offence” is not restricted to Criminal Code offences. The term also includes any breach of the law, federal, provincial or otherwise, that involves penal sanction. A false report of a provincial offence can be enough.
A lie to police is not always public mischief
Section 140 is aimed at false reports and accusations that start or keep an investigation going. Other false statements to police, such as giving a false name, are usually charged as obstructing a police officer instead.
The police do not have to be fooled
Where a police officer is not actually misled by the false statements or reports, the accused will be acquitted of public mischief but can nevertheless be convicted of attempted public mischief. Attempted public mischief carries half the maximum: two and a half years on indictment.
It must be a report to an authority
The law is still unsettled in this area. In some cases our courts have held that in order to attract criminal liability, the accused must be found to have made a false report directly to a police officer, or to someone else, with certainty that the person would contact the authorities.
At the very least, the “report” must be a formal complaint, made to a public authority who can effect an investigation in order to constitute public mischief.
A false death counts
Reporting, or in any way making it known, that you or someone else has died when they have not is public mischief if it causes a police investigation.
What are the defences to a public mischief charge?
Each defence answers a different part of what the Crown has to prove.
The report was true, or may have been
Attacks: falsity
Where the Crown Attorney has failed to prove that an offence has not in fact been committed, the accused is entitled to an acquittal. A complaint that could not be proven is not the same as a complaint proven false. A decision by the police not to lay charges, or a complainant later withdrawing a complaint, does not by itself show that the original report was false.
There was no intent to mislead
Attacks: intent
An honest report that turns out to be wrong is not a crime. A misunderstanding, a memory error, or a genuine belief about who was responsible all answer the charge. The Crown must prove the accused knew the report was false and meant to mislead.
The police did not investigate because of it
Attacks: the investigation
The Crown must prove the false report caused a peace officer to start or continue an investigation. Where police were not misled, or did not act on what was said, public mischief is not made out, though an attempt may still be charged.
It was not a report to the authorities
Attacks: the report
A false statement to a friend, an employer or on social media is not a report to police. At the very least, the “report” must be a formal complaint, made to a public authority who can effect an investigation in order to constitute public mischief.
The statement should be excluded
Attacks: the evidence
Many public mischief cases start with a person speaking to police as a complainant or witness, then being treated as a suspect. If police detained the person without telling them of their right to a lawyer, what they said may be excluded under the Charter.
Do not go back to the police to “correct the record” on your own. Speak to a lawyer first. A second statement can become the Crown’s best evidence that the first one was false.
What is the punishment for public mischief?
In Canada, the maximum punishment for committing the crime of public mischief is five years in jail. However every case and offender is unique and sentencing must be assessed on a case by case basis.
| Charge | Maximum on indictment | Maximum on summary conviction |
|---|---|---|
| Public mischiefs. 140(2) | 5 years | 2 years less a day |
| Attempted public mischiefss. 24 and 463(d) | 2½ years | 2 years less a day |
| Obstructing justice, for comparisons. 139(2) | 10 years | 2 years less a day |
Public mischief is a hybrid offence: the Crown chooses whether to proceed by indictment or by summary conviction. On summary conviction the maximum is two years less a day, a fine of up to $5,000, or both (s. 787). There is no minimum sentence, so a discharge is legally available, meaning a finding of guilt without a conviction being registered (s. 730), and a conditional sentence served in the community is not ruled out (s. 742.1).
Consequences beyond the sentence
A criminal record
A public mischief conviction is a finding of dishonesty toward the police. It can affect employment, professional licensing, volunteering with vulnerable people, and travel, particularly to the United States.
Diversion may be available
Since July 2026, diversion is governed by Part XXII.2 of the Criminal Code. Police and prosecutors must consider warnings, referrals and alternative measures where that is appropriate and safe (ss. 715.47 and 715.48). A person who completes an alternative measure in full is entitled to have the charge dismissed (s. 715.52).
Immigration status
For non-citizens, a conviction can affect status in Canada. See immigration consequences of criminal charges.
How is public mischief different from mischief and obstruction?
Several offences deal with misleading the police or damaging property. They carry different penalties and need different proof.
Mischief
Mischief under s. 430 is wilfully damaging property or interfering with its lawful use. Despite the similar name, it has nothing to do with false reports. The maximum is two years for most property, 10 years where the property is worth more than $5,000, and life where the mischief endangers life.
Obstructing a police officer
Obstructing a police officer under s. 129 is resisting or wilfully obstructing an officer in the execution of their duty, for example by giving a false name. The maximum is two years.
Obstructing justice
Under s. 139(2), intentionally attempting to obstruct, pervert or defeat the course of justice is a more serious offence, with a maximum of 10 years. It covers conduct such as dissuading a witness from giving evidence.
False alarm of fire
Wilfully and without reasonable cause making or circulating a false alarm of fire, by telephone or any other means, is a separate offence under s. 437, with a maximum of two years.
Why choose Daniel Brown Law for a public mischief charge?
Daniel Brown Law is a leading Canadian criminal defence firm. Public mischief cases turn on what a person knew and meant when they spoke to police, and our lawyers build that picture from the first call.
A nationally recognized defence firm
Our firm is named among Canada's Top Criminal Law Boutiques by Canadian Lawyer, listed among Canada's Best Law Firms by The Globe and Mail, ranked Tier 1 for criminal defence by Best Law Firms, and voted Best Law Firm by Toronto Star readers. Its founder, Daniel Brown, is the author of Prosecuting and Defending Sexual Offence Cases (3rd Edition, Emond Publishing's Criminal Law Series), has authored articles for legal journals, and contributes commentary on criminal law to The Toronto Star and other major Canadian news outlets.
We test whether it was really false
We obtain the original report, the officers' notes, 911 recordings and any video, and look for what the Crown cannot prove: that the event did not happen, and that the report was a lie rather than a mistake.
Protecting your record
Many public mischief charges can be resolved without a conviction, through a withdrawal, diversion or a discharge. We push for the outcome that keeps your record clean where the facts allow it.
Recognized by the profession and the public
Daniel Brown Law is ranked among Canada's top criminal law boutiques by Canadian Lawyer, listed by The Globe and Mail and Best Law Firms for criminal defence, and voted Best Legal Services by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.
Best Law Firms: Criminal Law
The Globe and Mail, 2026
Top Criminal Law Boutique
Canadian Lawyer, 2026–27
Criminal Defence, Tier 1
Best Law Firms Canada, 2026
Best Lawyers in Canada
Criminal Defence, 2027
Crime, Nationwide
Chambers Canada, 2027
Toronto Star Readers’ Choice
Best Law Firm and Best Legal Services, repeat winner
The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:
- Best Lawyers in Canada — Criminal Defence — Daniel Brown, Hilary Dudding, Mark Halfyard, Lindsay Board and Colleen McKeown
- Canada's Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
- Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
- Canada's Best Law Firms 2026 — The Globe and Mail (Report on Business)
- Toronto Star Readers' Choice Awards — Best Law Firm and Best Legal Services, repeat winner
- Chambers Canada 2027 — ranked for Crime, nationwide, by Chambers and Partners
- Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard — fewer than 2% of Ontario criminal lawyers hold this designation)
What happens after a public mischief charge?
From the first appearance to trial, these are the steps our lawyers take on a public mischief charge.
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Arrest and release
Most people charged with public mischief are released with conditions. If you are held, we handle bail hearings.
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Disclosure
We get the original report, the officers' notes, recordings of calls and statements, and the evidence the police say shows the report was false.
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Charter review
We look at when you became a suspect, and whether you were told of your right to a lawyer before police questioned you.
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Negotiation and diversion
We press the Crown to withdraw the charge or to use a warning, referral or alternative measure where the case allows it.
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Trial
If the case goes to trial, we focus on what the Crown must prove: that the report was false, and that you meant to mislead.
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Appeal, if needed
Public mischief: frequently asked questions
These are the questions we are asked most often about public mischief charges.
The offence
Is filing a false police report a crime in Canada?
Yes. Knowingly making a false police report to mislead the police is public mischief under section 140 of the Criminal Code, if it causes a peace officer to start or continue an investigation. It is a hybrid offence with a maximum of five years in jail on indictment.
Why is public mischief considered a crime?
The purpose of this law is to discourage the false reporting of offences. In a general sense, this charge is designed to prohibit someone from making false accusations which can potentially implicate an innocent person and usurp precious police investigatory resources.
What must the prosecution prove in order to establish a public mischief charge?
Where an accused person is charged with reporting that an offence has been committed when it has not been committed, the Crown must prove the following:
- that the accused reported an offence;
- that the accused’s actions or words contained in the report were false;
- that the accused intended to mislead the police; and
- that the accused’s actions or words caused a police officer to commence or to continue an investigation.
For the other forms of the offence, such as a false accusation against a named person, the Crown must likewise prove the false statement or act, the intent to mislead, and the investigation it caused.
Must the falsely reported offence be a criminal offence to meet the definition of public mischief?
The word "offence" has been given a very broad interpretation by our courts. The term “offence” is not restricted to Criminal Code offences. The term also includes any breach of the law, federal, provincial or otherwise, that involves penal sanction.
Must the prosecutor prove the offence did not occur in a public mischief prosecution?
Where the Crown Attorney has failed to prove that an offence has not in fact been committed, the accused is entitled to an acquittal.
Must the police officer be misled by the false statement made by an accused person?
Where a police officer is not actually misled by the false statements or reports, the accused will be acquitted of public mischief but can nevertheless be convicted of attempted public mischief. An attempt carries a maximum of half the sentence for the full offence (s. 463).
Is it still public mischief if the false report is not made directly to a police officer?
The law is still unsettled in this area. In some cases our courts have held that in order to attract criminal liability, the accused must be found to have made a false report directly to a police officer, or to someone else, with certainty that the person would contact the authorities.
At the very least, the “report” must be a formal complaint, made to a public authority who can effect an investigation in order to constitute public mischief.
Penalties and outcomes
What is the punishment for public mischief?
In Canada, the maximum punishment for committing the crime of public mischief is five years in jail. However every case and offender is unique and sentencing must be assessed on a case by case basis.
Public mischief is a hybrid offence. On indictment the maximum is five years; on summary conviction it is two years less a day, a fine of up to $5,000, or both. There is no minimum sentence, so a discharge is legally available.
Can you go to jail for making a false police report?
Yes, jail is possible, but it is not automatic. Sentences depend on how serious the false report was, whether someone was arrested or charged because of it, and the person's background. There is no minimum sentence.
Can a public mischief charge be resolved without a criminal record?
Often, yes. Depending on the facts, a charge may be withdrawn, dealt with through diversion under Part XXII.2 of the Criminal Code, or end in a discharge. A person who fully completes an alternative measure is entitled to have the charge dismissed (s. 715.52).
Charges we defend
Learn more about some of the charges we defend. We defend more than what we have written blog articles about.
- Assault
- Bail hearings
- Bail pending appeal
- Coercive control
- Criminal appeals
- Criminal harassment
- Dangerous driving
- Distributing an intimate image
- Domestic assault
- Drug possession
- Drug trafficking
- Extradition
- Fail to appear at court
- Fail to comply with bail
- Failing to remain at the scene
- Firearm and weapon possession
- Forcible confinement
- Fraud
- Impaired driving
- Importing drugs
- Mischief
- Murder and manslaughter
- Obstruct police
- Peace bonds
- Public mischief
- Refusing a breath sample
- Robbery
- Sexual assault
- Sexual exploitation
- Theft and shoplifting
- Uttering threats
- Voyeurism
- Young offenders
Charged with public mischief? Contact Daniel Brown Law
If you are facing a public mischief charge or any other criminal offence, contact Daniel Brown Law for a consultation. Call (416) 297-7200 to schedule a confidential consultation.