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By LegalMatters Staff • People who give false information to investigators that causes them to launch an investigation could be charged with public mischief since they are wasting police resources.
“Common examples of public mischief include making false domestic or sexual assault allegations,” says Calgary criminal lawyer Vince Semenuk. “This sometimes happens when couples are going through a contested divorce and one attempts to malign the character of the other.”
He says other actions that could result in a public mischief charge include falsely accusing someone of a crime and reporting an offence when it has not happened.
“The maximum penalty for an indictable charge is five years in person,” says Semenuk. “Less-serious offences will be dealt with as summary convictions with offenders often put on probation and/or being ordered to complete community service hours.”
In addition to public mischief, a person who files a false police report or who lies in a criminal proceeding could face charges such as perjury, fabricating evidence or obstructing evidence, he says.
“These charges are more serious than public mischief,” says Semenuk. “There is a maximum 14-year prison sentence upon conviction for perjury or fabricating evidence if the charges are treated as indictable offences.”
To obtain a conviction, the Crown attorney must show the accused purposedly misled police and that their words or actions were false, he says.
