styvas
What is it about a tenant-landlord relationship that exempts tenants from the criminal consequences that would befall anyone who did that kind of damage to anyone else’s property?
This is why a lot of landlords in Ontario take the laws into their own hands. Our government had given tenants the ability to legally steal from others, to use laws to drag out an eviction for years in some cases while destroying property through neglect.
How are you going to punish someone who has no money and no fixed address?
These people get away with it because the laws were created to enable them to get away with it.
px_eliezer_
It MIGHT be covered under Canadian criminal law.
It’s mostly not covered - look at the opinion link you relayed, “Section 430 of the Criminal Code of Canada, defines mischief as the wilful destruction or damage of property. Mischief can also occur if the property is rendered dangerous or useless, or If there is an obstruction to the lawful use, enjoyment or operation of the property.”
In Styvas’ linked case the destruction would most likely qualify as negligent destruction rather than willful destruction and considering that the Ontario courts lean towards tenant protection, I expect there would be no court that would qualify this as willful destruction.
That and I have no doubt a public defender would somehow implicate mental illness into the situation which would lean the courts more towards negligence.
This will continue until another government corrects the mistake that was made by a certain government.