An Act to amend the Criminal Code (mischief — religious property)

Summary#

• Bill C-255 would change Canada’s Criminal Code to set tougher penalties for vandalism or damage (“mischief”) at places of worship and cemeteries.

• It adds mandatory minimum penalties, including at least $1,000 paid to the property owner and short jail terms for repeat offenders.

• Covers buildings mainly used for worship (churches, mosques, synagogues, temples), worship objects on the grounds, and cemeteries.

• Requires offenders to pay the property owner at least $1,000 for each conviction.

• Sets minimum jail time for repeat offences: at least 14 days for a second offence and at least 30 days for later offences.

• Keeps existing maximums: up to 10 years in prison if charged as a serious crime (indictable), or up to just under 2 years if treated as a less serious crime (summary conviction).

• Applies regardless of motive; it focuses on the type of property that was damaged.

What it means for you#

• Worshippers and congregations

  • If your place of worship or cemetery is vandalized, courts must order the offender to pay you at least $1,000.
  • Repeat offenders must get jail time on top of paying money.
  • Judges can still order higher payments or longer sentences when the facts are serious.

• Property owners and religious organizations

  • A guaranteed minimum of $1,000 in court-ordered compensation for each conviction.
  • Possible stronger deterrence for repeat vandalism at your site.

• People accused or convicted of mischief at these sites

  • First offence: at least a $1,000 payment to the property owner.
  • Second offence: at least a $1,000 payment and at least 14 days in jail.
  • Any later offence: at least a $1,000 payment and at least 30 days in jail.
  • Maximum punishment can be higher, up to 10 years if the case is treated as serious.

• Communities

  • Aimed at protecting places that are important to many people and reducing repeat vandalism.

Expenses#

No publicly available information.

Proponents’ View#

• Strong, clear penalties will help protect places of worship and cemeteries and show these crimes are taken seriously.
• Mandatory minimums create consistent consequences across cases and can discourage repeat offenders.
• The required $1,000 payment helps with repair costs and avoids long fights over small amounts.
• Prosecutors won’t need to prove motive; protection applies based on the kind of property harmed.
• Judges still have room to give higher sentences when the damage or risk is greater.

Opponents’ View#

• Mandatory minimums remove flexibility for judges to fit the sentence to the facts and the person, which can lead to unfair results.
• Research suggests mandatory minimums do not strongly deter crime; prevention and community programs might work better.
• More jail time for repeat offences could raise provincial correction costs and may not improve rehabilitation.
• Canada already has offences for mischief and for hate-motivated damage to religious sites; layering another rule could cause confusion or overlap.
• A fixed $1,000 minimum may be uncollectible from many offenders and could hit low-income or young people hardest without addressing causes like mental health or addiction.