OFFENCE ELEMENTS - MISCHIEF IN RELATION TO DATA
s 430 (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.
Punishment
(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.
Definition of computer data
(8) In this section, computer data has the same meaning as in subsection 342.1(2) [“computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system”].
SELECTED CASE LAW
TABLE OF CONTENTS:
ALBERTA:
2014 ABCA 221
BRITISH COLUMBIA:
2015 BCPC 203
2008 BCSC 737
ONTARIO:
2017 ONCJ 58
2016 ONCJ 171
2015 ONCJ 741
2013 ONSC 7792
SASKATCHEWAN:
2015 SKQB 175