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

Bill C-255 amends the Criminal Code to create tougher, specific penalties for mischief (damage, vandalism, or interference) committed against religious property. This covers buildings or structures used mainly for religious worship, such as churches, mosques, synagogues, and temples, along with religious objects located on their grounds, and also cemeteries.

Under the new rule, anyone convicted of this kind of mischief would face mandatory minimum penalties that increase with repeat offences. A first offence would require paying the property owner at least $1,000 in compensation. A second offence would add a minimum of 14 days in jail on top of that compensation. A third or later offence would carry a minimum of 30 days in jail plus the compensation payment.

The bill also sets maximum penalties depending on how the case is prosecuted: up to 10 years in prison if the Crown proceeds by indictment (for more serious cases), or up to two years less a day if it proceeds by summary conviction (for less serious cases). In short, the bill does not create a new crime — mischief is already illegal — but it adds a dedicated section imposing stricter minimum and maximum punishments specifically when the target of the mischief is a place of worship, related religious object, or a cemetery.

This bill creates a distinct criminal offence in the Criminal Code for mischief against religious property, with mandatory minimum penalties that increase for repeat offences.

• Scope of offence — covers mischief against buildings or structures used primarily for religious worship (including churches, mosques, synagogues, temples), associated objects on their grounds, or a cemetery.
• Mandatory minimums — a first offence requires compensation to the property owner of not less than $1,000; a second offence adds imprisonment of not less than 14 days; a third or later offence adds imprisonment of not less than 30 days, regardless of whether prosecuted by indictment or summary conviction.
• Maximum penalties — if prosecuted by indictment, imprisonment up to 10 years; if prosecuted by summary conviction, imprisonment up to two years less a day.
• Prosecutorial choice — the Crown decides whether to proceed by indictment or summary conviction, which determines which maximum penalty applies, though the minimums apply either way.
• Judicial discretion — sentencing judges must impose at least the stated minimums but the bill does not set out any alternative (such as conditional or non-custodial sentencing) for these mandatory minimum terms.
• Oversight — the bill contains no review, reporting, or sunset provision; it stands as a permanent amendment to the Criminal Code unless changed by future legislation.