From mustaches drawn in felt-tip pens to cut-out faces and swastikas, many election signs in Quebec have been the target of vandals. You may not know it, but vandalizing a sign is illegal. We explain to you what those who commit these acts are exposed to.
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Vandalize a sign, mischief
Vandalizing an election sign is considered mischief, says Ms.e Nada Boumeftah, lawyer specializing in criminal and penal law.
A person commits mischief when he destroys or damages property, renders property dangerous, useless, inoperative or ineffective, prevents, interrupts or interferes with the lawful use, enjoyment or operation of property or a person , says the Criminal Code.
Can a vandal be charged with anything?
Criminal charges can be brought against a person suspected of having committed mischief, even if it is only a case of vandalizing a sign.
These charges can have serious consequences and lead to a criminal record.
A person found guilty of mischief could, for example, be ordered to serve time in prison or community service or be fined. In the case of a vandalized sign, there is obviously no question of a prison sentence, specifies Me Nada Boumeftah.
But in cases of wrongdoing, it is often difficult to demonstrate, “beyond a reasonable doubt”, that it is indeed the accused who committed the alleged acts, explains the criminal lawyer.
On what is written on the poster is taken into consideration
Not all acts of vandalism are created equal. Although drawing a smiley face or a mustache on a sign is illegal, it is not at all like drawing a swastika. Such an act could be considered a hate crime, argues Mr.e Boumeftah.
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“People often tend to believe that because it’s an election sign, it’s part of free speech to write whatever they want. But not at all, we are not there”, specifies Me Boumeftah.
“We encourage people to denounce the misdeeds observed, especially if a vandal is identifiable,” she adds.
What Elections Quebec says
Elections Quebec says it is “sensitive” to the consequences of the vandalism of electoral signs and encourages the population to express themselves “with respect and civility”, while recalling that any act of vandalism must be reported to the police.
The cost of replacing vandalized signs is not considered an election expense.
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