Public Mischief in Canada: False Reports to Police (s. 140)

Public mischief is the offence of misleading police into starting or continuing an investigation. It covers false accusations against another person, reporting a crime that never happened (for example a fake robbery to claim insurance, or a vehicle reported stolen to cover an accident), planting suspicion on someone else, and reporting that someone has died when they have not. It is a different offence from ordinary mischief, which is about damaging property.

What the law says

Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by (a) making a false statement that accuses some other person of having committed an offence; (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself; (c) reporting that an offence has been committed when it has not been committed; or (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

What the Crown must prove

• You did one of the four things listed: a false accusation, causing suspicion to fall on someone else (or diverting it from yourself), reporting an offence that did not happen, or falsely reporting a death;
• you intended to mislead; and
• this caused a peace officer to start or continue an investigation.

An honest report that turns out to be wrong is not public mischief. Courts are careful with cases where a complainant later recants, because people withdraw true complaints for many reasons, including fear or pressure. The Crown must prove the original report was knowingly false.

Penalties

• Hybrid offence: up to 5 years by indictment; up to 2 years less a day and/or a fine of up to $5,000 on summary conviction.
• Sentences depend on the harm caused: false accusations that led to someone’s arrest or detention, large police resources spent, or insurance fraud are treated seriously. Restitution for investigation costs or losses may be ordered.
• Related charges may follow, such as fraud for an insurance claim or perjury if the false account was repeated under oath.

Common defences

• The report was true or honestly believed: a mistaken but honest report is not an offence.
• No intent to mislead: for example confusion, intoxication or a misunderstanding about what happened.
• No investigation caused: police did not start or continue an investigation because of the statement.
• Voluntariness of statements: statements given to police must be proven voluntary before they can be used.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

Is it a crime to make a false police report in Canada?

Yes. Knowingly reporting an offence that did not happen, falsely accusing someone, or faking a death to make police investigate is public mischief under s. 140, punishable by up to 5 years by indictment.

Can I be charged if my report turns out to be wrong?

Not if you honestly believed it. Public mischief requires an intent to mislead. A genuine mistake is not a crime.

Is reporting my car stolen to cover an accident public mischief?

Yes. Reporting a theft that did not happen causes police to investigate a non-existent offence. It is often charged with fraud if an insurance claim was made.

Related offences

• Perjury in Canada
• Obstruction of Justice in Canada
• Mischief and Vandalism in Canada
• Admin of Law & Justice Violations in Canada
• Criminal Harassment in Canada

Sources

• Criminal Code, s. 140

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.