Q: With Halloween coming up, I’m concerned about people playing pranks at my farm, as well as my own teenagers being involved in them. What is the law in this area?
A: These pranks have been around for years, with houses being toilet-papered and outhouses tipped over. While the law seldom gets involved, it can happen. People should be careful about engaging in this activity.
Some Halloween fun is just that, and is quite predictable. Other pranks are nastier. Many of these actions break the law.
Read Also
Well-being improvement can pay off for farms
Investing in wellness programs in a tight labour market can help farms recruit and retain employees
Stealing candy, depending on the situation, can be theft, robbery or even robbery with violence. Some people just leave a big pot of candy in the front of their home. The clear invitation is to take one or two treats and move on. If a person takes them all, that can be theft.
Of more concern is children stealing candy from other children. Usually it’s bigger kids preying on smaller. This, too, is theft but could result in a charge of robbery, which is a serious charge under the Criminal Code of Canada.
If violence or intimidation is involved, it’s robbery with violence. Even young offenders under the age of 18 can be looking at a custodial sentence if it’s not their first brush with the law. Police will often take this more seriously because of the effect of such acts on smaller kids. They are scared, crying, and don’t understand why someone would do that to them.
Vandalism is another common activity. Throwing eggs or any other item at people, houses or passing cars is common. Smashing carved pumpkins or mailboxes, putting soap on cars or setting small bags of “goodies” on fire on a doorstep can escalate into something dangerous or cause damage. Police often see this as more serious than “childish fun.” If a house burns down because of such a prank, a criminal charge of mischief or willful damage can result.
A parent may find himself responsible for the acts of his children, especially if he knew or reasonably suspected they’d be doing something like this.
Criminal and civil legal actions can be costly to parents. They may have to make amends for any damage caused. The court can order compensation, which can include community service or paying money, or both.
There’s also the flip side of the coin. The recipient of the prank has been known to overreact, assault or even shoot at pranksters. The law is that you are entitled to defend your home and the people in it, but you can only use as much force as is necessary. So if someone has pulled a prank on you and is running away, you can’t shoot at them.
I’ve also wondered about businesses or persons who encourage such pranks. Magazines and radio stations have been known to run a funniest Halloween prank contest. This year, ZUG.com, an internet comedy site, is running such a contest with $1,000 in prize money. While this is speculative, if someone’s prank causes damage and was being done to try to get the benefit of such a prize, you have to wonder if the person offering the prize might be held liable for the damage.
Two years ago in the United States, someone put up a sign on their house saying “registered sex offender – unable to give candy to children by law.” I’m not sure why anyone would put this on their own house. I’ve often thought about what would happen if one person put this on someone else’s house. I think a lawsuit is a definite possibility.
As with many things legal, common sense should rule the day. If it’s funny and not harmful or damaging, it’s probably OK. But if it has the potential to get out of control, best stay away from that sort of behaviour.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
