Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

MISCHIEF-SECTION 430 OF THE CRIMINAL CODE

R. v. Soranno, 2024 BCCA 5, January 12, 2024, at paragraph 93:

I accept that when considering the concept of “lawful use” or “lawful operation” for purposes of the mischief offence, even apart from the concept of “enjoyment”, the analysis may involve: (1) the relationship between the property and any person whose use is allegedly interfered with (for example, whether the person is an owner of the property or has a legal right to use it in the way that was interfered with); and (2) the nature of the person’s disrupted activity (for example, is the person permitted or prohibited by law to use the property that way).