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Mischief Charge Recommended In Richmond, BC Anti- Chinese Incident That Happened In March And Posted To Social Media. Yay Social Media.
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Greg Carr
May 7, 2021, 8:05:09 PM5/7/21
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cbc.ca
Mischief charge recommended in Richmond anti-Asian hate incident
Karin Larsen 1 day ago
a person in a blue car on a street: Screen grab of social media video in which a man was heard hurling racist slurs at a person.© instagram/bre_d Screen grab of social media video in which a man was heard hurling racist slurs at a person.
A charge of mischief has been recommended against a woman in a high-profile anti-Asian hate incident in Richmond, B.C., in March.
Richmond RCMP spokesman Cpl. Ian Henderson said evidence has been forwarded to Crown for a final decision on whether to charge the suspect or not.
On March 29, an employee at Rocanini Coffee Roasters in Steveston reportedly had coffee thrown at her, followed by the slur, "f--- you Chinese," after asking a couple to maintain social distance from other customers.
Video posted to social media of the aftermath of the incident shows a man and woman getting into a BMW in the 3900-block of Moncton Street.
Twice the man says "f---ing Chinese" toward the person shooting the video before he climbs into the driver's seat and shuts the door.
He then gets back out of the car and says "coronavirus is you" to the person taking the video.
At a Stop Asian Hate rally held Thursday at Richmond city hall, Vincent Yang, senior associate with UBC's International Centre for Criminal Law Reform and Criminal Justice Policy, commended police. (Greg: Hope they were socially distancing.)
"That sends a very strong signal to the society, to all the potential racist criminals, that if you commit a hate crime or if you commit a crime based on hate against any racial or ethnic group, that is a criminal offence and we don't tolerate it here in Richmond," Yang said.
https://www.msn.com/en-ca/news/canada/mischief-charge-recommended-in-richmond-anti-asian-hate-incident/ar-BB1grtEo?ocid=uxbndlbing
You don't like ethnic Chinese move to Northern Manitoba or kill yourself. White, old, evil, stupid trash these two are. Name and shame them totally dox them. They drive a white BMW post the license plate. The Richmond RCMP say the racist man did something similar in 2019 before there was any Wuhan pandemic. Die racist douchebags. The Asian lady should sue them for the stress and waste of time they caused and for general deterrence.
https://globalnews.ca/news/7731253/assault-anti-asian-slurs-video-richmond-coffee-shop/ has the video of the incident.
Hope if found guilty a jail term of at least 60 days and a $1k fine at a minimum is imposed. I bet these unfunny, assclowns don't have. grandchildren that visit.
https://www2.gov.bc.ca/gov/content/governments/multiculturalism-anti-racism/anti-racism/reporthatecrime to report hate crimes.
British Columbia
Vancouver lawyer and model battle anti-Asian hate with the practical and the poetic
Social Sharing
Facebook
Twitter
Email
Reddit
LinkedIn
A way with words: Lawyer improves hate-crime reporting forms while model provides poetry, raises funds
Zahra Premji · CBC News · Posted: May 03, 2021 4:00 AM PT | Last Updated: May 3
Strangers to one another, but acutely aware of the suffering the Asian community has faced recently, both Carlyle Chan and Steven Ngo are finding ways to protect their communities. (Carl Ostberg and James Mulleder/CBC News)
Confronted with attacks against Asians in the media and in their own lives, two Vancouver men say they're fighting anti-Asian hate crimes on their own terms.
Lyle Chan, 32, and Steven Ngo, 35, say they're exhausted at being ignored as their community faces hate, racial slurs and incidents where people have been spat on, punched or thrown to the ground.
Both men have separately found ways to help B.C.'s Asian community as it reels from a surge in reported anti-Asian hate crimes — rising from a dozen incidents in 2019 to 98 in 2020, according to Vancouver police.
"There's people every single day now that [are] getting attacked.... Something needs to be done now," said Ngo, a Vancouver lawyer who has created more accessible hate-crime reporting forms for the community.
Ngo says his intent is to not question the police but to help them navigate the best ways to support the Asian community. (James Mulleder/CBC News)
An online survey done by the Chinese Canadian National Council's Toronto chapter found that more than 1,000 self-reported incidents of anti-Asian racism have occurred nationwide since the start of the pandemic.
The analysis, which confirmed incidents in every province, found 44 per cent of all cases were reported in B.C.
Surveys find more than 1,000 self-reported incidents of anti-Asian racism since start of pandemic: report
Racial trauma counsellors in B.C. see surge in patients amid ongoing anti-Asian hate
'This is a clear barrier to justice here'
Ngo came face to face with hate last month when someone hurled racist slurs at him and then proceeded to throw garbage at him.
"I was ... stunned and realized it could happen to anybody. Not just the elderly and those who don't know how to speak English," Ngo says.
That was his turning point.
He tried to report the crime on the Vancouver Police Department website but found the form was only available in simplified and traditional Chinese — not English.
Vancouver police launch task force to address spike in hate crime
"East Asian doesn't mean Chinese. It also means Vietnamese, Japanese, Korean, those who are born here as well," he said.
Vancouver Police Department Const. Tania Visintin says the "online forms were created as an option for a very specific segment of our population that was targeted by hate crimes last year."
She says VPD is reviewing its process for hate-crime reporting. But says the best way to report a crime is to call 911 or the non-emergency line.
"Our workforce speaks more than 50 languages.... We can usually find someone to speak to a complainant in their preferred language," Visintin said.
Racist graffiti is covered up by duct tape on the lions at the Millennium Gate in Chinatown in May 2020. (Ben Nelms/CBC)
On Friday, B.C.'s Ministry of the Attorney General announced plans to develop a hotline for racist incidents in response to the increased number of incidents. Information collected from the hotline will be used to develop anti-racism initiatives, including legislation that will pave the way for race-based data collection.
"The data collected from the hotline will be used to support future anti-racism initiatives, including legislation that will pave the way for race-based data collection. By identifying areas of increased racist incidents through the hotline, government can use the data to inform future actions to combat racism."
Ngo says while he is grateful for the support, he believes more needs to be done.
He has created his own website to report hate crimes for members of the Asian community who speak various languages.
"The website is not meant to replace the VPD website at all, but it's meant to really stop the bleeding," Ngo said.
'Took that pain and transformed it'
For Vancouver-based model Carlyle Chan, seeing Asian women killed in Atlanta in March was his turning point.
Suspect charged in deadly Georgia massage parlour shootings that haunt Asian American community
"I haven't ever felt like that before.... I took that pain and transformed it into something positive and something powerful,"
Chan says he's used his social media platforms to promote education about Asian heritage and support victims of hate crimes. (Carl Ostberg)
He fundraised throughout April, using his strong social media presence on Instagram and other platforms, to tee up Asian American and Pacific Islander Heritage Month in May. The money is slated for groups that support the Asian community and other people of colour.
He also kept the conversation going online to give victims a sense of comfort.
"You are seen and heard. You matter. You don't have to be subordinate, or submissive or quiet, just because that's the way it was," Chan said.
On top of his fundraiser, he dabbled in his poetic side with a poem called Asian is Human that he posted in restaurants, parkades and apartment buildings.
"Even if you aren't an Asian person, you read it. It's kind of humanizing who we are," Chan said.
Chan wrote poems and put them up on the windows and walls of shops and restaurants. (Carlyle Chan)
Both Chan and Ngo say, exhausted or not, they'll continue to advocate for their communities, using their drive, social media presence and voices to make change.
"I am super exhausted... [But] closed mouths don't get fed. If you don't ask [for help] then it can't happen," Chan said.
https://www.cbc.ca/news/canada/british-columbia/vancouver-bc-asian-hate-crime-reporting-victims-raising-money-1.6010230
R.S.C., 1985, c. C-46 - Table of Contents R.S.C., 1985, c. C-46
Criminal Code (R.S.C., 1985, c. C-46)
Full Document: HTMLFull Document: Criminal Code (Accessibility Buttons available) | XMLFull Document: Criminal Code [4811 KB] | PDFFull Document: Criminal Code [7357 KB]
Act current to 2021-04-20 and last amended on 2021-03-17. Previous Versions
Marginal note:Mischief
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Marginal note:Mischief in relation to computer data
(1.1) Everyone commits mischief who wilfully
(a) destroys or alters computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer data; or
(d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
Marginal note:Punishment
(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:Punishment
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Idem
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Mischief relating to religious property, educational institutions, etc.
(4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Definition of property
(4.101) For the purposes of subsection (4.1), property means
(a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
(b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
(c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
(d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.
Marginal note:Mischief relating to war memorials
(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to imprisonment for not less than 30 days;
(b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
Marginal note:Mischief in relation to cultural property
(4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Mischief in relation to computer data
(5) Everyone who commits mischief in relation to computer data
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Offence
(5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Saving
(6) No person commits mischief within the meaning of this section by reason only that
(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
Marginal note:Idem
(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.
Marginal note:Definition of computer data
(8) In this section, computer data has the same meaning as in subsection 342.1(2).
R.S., 1985, c. C-46, s. 430R.S., 1985, c. 27 (1st Supp.), s. 571994, c. 44, s. 282001, c. 41, s. 122005, c. 40, s. 32014, c. 9, s. 1, c. 31, s. 192017, c. 23, ss. 1, 22019, c. 25, s. 162
Previous Version
https://globalnews.ca/news/7731253/assault-anti-asian-slurs-video-richmond-coffee-shop/ has the video.
Mischief charge recommended in Richmond anti-Asian hate incident
Karin Larsen 1 day ago
a person in a blue car on a street: Screen grab of social media video in which a man was heard hurling racist slurs at a person.© instagram/bre_d Screen grab of social media video in which a man was heard hurling racist slurs at a person.
A charge of mischief has been recommended against a woman in a high-profile anti-Asian hate incident in Richmond, B.C., in March.
Richmond RCMP spokesman Cpl. Ian Henderson said evidence has been forwarded to Crown for a final decision on whether to charge the suspect or not.
On March 29, an employee at Rocanini Coffee Roasters in Steveston reportedly had coffee thrown at her, followed by the slur, "f--- you Chinese," after asking a couple to maintain social distance from other customers.
Video posted to social media of the aftermath of the incident shows a man and woman getting into a BMW in the 3900-block of Moncton Street.
Twice the man says "f---ing Chinese" toward the person shooting the video before he climbs into the driver's seat and shuts the door.
He then gets back out of the car and says "coronavirus is you" to the person taking the video.
At a Stop Asian Hate rally held Thursday at Richmond city hall, Vincent Yang, senior associate with UBC's International Centre for Criminal Law Reform and Criminal Justice Policy, commended police. (Greg: Hope they were socially distancing.)
"That sends a very strong signal to the society, to all the potential racist criminals, that if you commit a hate crime or if you commit a crime based on hate against any racial or ethnic group, that is a criminal offence and we don't tolerate it here in Richmond," Yang said.
https://www.msn.com/en-ca/news/canada/mischief-charge-recommended-in-richmond-anti-asian-hate-incident/ar-BB1grtEo?ocid=uxbndlbing
You don't like ethnic Chinese move to Northern Manitoba or kill yourself. White, old, evil, stupid trash these two are. Name and shame them totally dox them. They drive a white BMW post the license plate. The Richmond RCMP say the racist man did something similar in 2019 before there was any Wuhan pandemic. Die racist douchebags. The Asian lady should sue them for the stress and waste of time they caused and for general deterrence.
https://globalnews.ca/news/7731253/assault-anti-asian-slurs-video-richmond-coffee-shop/ has the video of the incident.
Hope if found guilty a jail term of at least 60 days and a $1k fine at a minimum is imposed. I bet these unfunny, assclowns don't have. grandchildren that visit.
https://www2.gov.bc.ca/gov/content/governments/multiculturalism-anti-racism/anti-racism/reporthatecrime to report hate crimes.
British Columbia
Vancouver lawyer and model battle anti-Asian hate with the practical and the poetic
Social Sharing
A way with words: Lawyer improves hate-crime reporting forms while model provides poetry, raises funds
Zahra Premji · CBC News · Posted: May 03, 2021 4:00 AM PT | Last Updated: May 3
Strangers to one another, but acutely aware of the suffering the Asian community has faced recently, both Carlyle Chan and Steven Ngo are finding ways to protect their communities. (Carl Ostberg and James Mulleder/CBC News)
Confronted with attacks against Asians in the media and in their own lives, two Vancouver men say they're fighting anti-Asian hate crimes on their own terms.
Lyle Chan, 32, and Steven Ngo, 35, say they're exhausted at being ignored as their community faces hate, racial slurs and incidents where people have been spat on, punched or thrown to the ground.
Both men have separately found ways to help B.C.'s Asian community as it reels from a surge in reported anti-Asian hate crimes — rising from a dozen incidents in 2019 to 98 in 2020, according to Vancouver police.
"There's people every single day now that [are] getting attacked.... Something needs to be done now," said Ngo, a Vancouver lawyer who has created more accessible hate-crime reporting forms for the community.
Ngo says his intent is to not question the police but to help them navigate the best ways to support the Asian community. (James Mulleder/CBC News)
An online survey done by the Chinese Canadian National Council's Toronto chapter found that more than 1,000 self-reported incidents of anti-Asian racism have occurred nationwide since the start of the pandemic.
The analysis, which confirmed incidents in every province, found 44 per cent of all cases were reported in B.C.
Surveys find more than 1,000 self-reported incidents of anti-Asian racism since start of pandemic: report
Racial trauma counsellors in B.C. see surge in patients amid ongoing anti-Asian hate
'This is a clear barrier to justice here'
Ngo came face to face with hate last month when someone hurled racist slurs at him and then proceeded to throw garbage at him.
"I was ... stunned and realized it could happen to anybody. Not just the elderly and those who don't know how to speak English," Ngo says.
That was his turning point.
He tried to report the crime on the Vancouver Police Department website but found the form was only available in simplified and traditional Chinese — not English.
Vancouver police launch task force to address spike in hate crime
"East Asian doesn't mean Chinese. It also means Vietnamese, Japanese, Korean, those who are born here as well," he said.
Vancouver Police Department Const. Tania Visintin says the "online forms were created as an option for a very specific segment of our population that was targeted by hate crimes last year."
She says VPD is reviewing its process for hate-crime reporting. But says the best way to report a crime is to call 911 or the non-emergency line.
"Our workforce speaks more than 50 languages.... We can usually find someone to speak to a complainant in their preferred language," Visintin said.
Racist graffiti is covered up by duct tape on the lions at the Millennium Gate in Chinatown in May 2020. (Ben Nelms/CBC)
On Friday, B.C.'s Ministry of the Attorney General announced plans to develop a hotline for racist incidents in response to the increased number of incidents. Information collected from the hotline will be used to develop anti-racism initiatives, including legislation that will pave the way for race-based data collection.
"The data collected from the hotline will be used to support future anti-racism initiatives, including legislation that will pave the way for race-based data collection. By identifying areas of increased racist incidents through the hotline, government can use the data to inform future actions to combat racism."
Ngo says while he is grateful for the support, he believes more needs to be done.
He has created his own website to report hate crimes for members of the Asian community who speak various languages.
"The website is not meant to replace the VPD website at all, but it's meant to really stop the bleeding," Ngo said.
'Took that pain and transformed it'
For Vancouver-based model Carlyle Chan, seeing Asian women killed in Atlanta in March was his turning point.
Suspect charged in deadly Georgia massage parlour shootings that haunt Asian American community
"I haven't ever felt like that before.... I took that pain and transformed it into something positive and something powerful,"
Chan says he's used his social media platforms to promote education about Asian heritage and support victims of hate crimes. (Carl Ostberg)
He fundraised throughout April, using his strong social media presence on Instagram and other platforms, to tee up Asian American and Pacific Islander Heritage Month in May. The money is slated for groups that support the Asian community and other people of colour.
He also kept the conversation going online to give victims a sense of comfort.
"You are seen and heard. You matter. You don't have to be subordinate, or submissive or quiet, just because that's the way it was," Chan said.
On top of his fundraiser, he dabbled in his poetic side with a poem called Asian is Human that he posted in restaurants, parkades and apartment buildings.
"Even if you aren't an Asian person, you read it. It's kind of humanizing who we are," Chan said.
Chan wrote poems and put them up on the windows and walls of shops and restaurants. (Carlyle Chan)
Both Chan and Ngo say, exhausted or not, they'll continue to advocate for their communities, using their drive, social media presence and voices to make change.
"I am super exhausted... [But] closed mouths don't get fed. If you don't ask [for help] then it can't happen," Chan said.
https://www.cbc.ca/news/canada/british-columbia/vancouver-bc-asian-hate-crime-reporting-victims-raising-money-1.6010230
R.S.C., 1985, c. C-46 - Table of Contents R.S.C., 1985, c. C-46
Criminal Code (R.S.C., 1985, c. C-46)
Full Document: HTMLFull Document: Criminal Code (Accessibility Buttons available) | XMLFull Document: Criminal Code [4811 KB] | PDFFull Document: Criminal Code [7357 KB]
Act current to 2021-04-20 and last amended on 2021-03-17. Previous Versions
Marginal note:Mischief
430 (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Marginal note:Mischief in relation to computer data
(1.1) Everyone commits mischief who wilfully
(a) destroys or alters computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer data; or
(d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
Marginal note:Punishment
(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:Punishment
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Idem
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Mischief relating to religious property, educational institutions, etc.
(4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Definition of property
(4.101) For the purposes of subsection (4.1), property means
(a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
(b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
(c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
(d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.
Marginal note:Mischief relating to war memorials
(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to imprisonment for not less than 30 days;
(b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
Marginal note:Mischief in relation to cultural property
(4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Mischief in relation to computer data
(5) Everyone who commits mischief in relation to computer data
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Offence
(5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Saving
(6) No person commits mischief within the meaning of this section by reason only that
(a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;
(b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or
(c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.
Marginal note:Idem
(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.
Marginal note:Definition of computer data
(8) In this section, computer data has the same meaning as in subsection 342.1(2).
R.S., 1985, c. C-46, s. 430R.S., 1985, c. 27 (1st Supp.), s. 571994, c. 44, s. 282001, c. 41, s. 122005, c. 40, s. 32014, c. 9, s. 1, c. 31, s. 192017, c. 23, ss. 1, 22019, c. 25, s. 162
Previous Version
https://globalnews.ca/news/7731253/assault-anti-asian-slurs-video-richmond-coffee-shop/ has the video.
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