A client of our firm was accused of breaking and entering a place other than a dwelling-house and committing mischief (Sec. 348 (1) b) e) CCC). Our client acknowledged that he had broken into a Canadian Tire greenhouse but he didn’t intend to commit mischief there.
Our client had broken into the greenhouse with his friends in order to consume cannabis. Once they had entered the greenhouse, my client’s friends, who had accompanied him, began breaking pots and other items in the greenhouse. We demonstrated that our client had not participated in the offence under Section 21 CCC and that he had tried to stop the mischief committed by his friends. As a result, our client was found not guilty.