In groundbreaking case, B.C. parents tagged with fine for son’s graffiti lawyer, partially, graffiti, couple, ground

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In groundbreaking case, B.C. parents tagged with fine for son’s graffiti


In a precedent-setting case, a Vancouver Island couple has been held partially responsible by the B.C. Supreme Court for their son's graffiti vandalism.

"It's the first time a court has acknowledged parental responsibility for the actions of a minor," said lawyer Troy DeSouza who acted for the City of Langford in the case.

"There's no cases on this. We are on new ground here."

In 2008 the youth, now an adult, pleaded guilty to nine charges of mischief and was fined about $350. But Langford felt the fine was insufficient. The municipality sued, claiming damages of about $27,500.

The consent court order includes:

• $7,500 to be paid by the offender and restitution to the two companies that agreed to participate with Langford in the litigation;

• a declaration of parental duty of care over vandalism of a minor and a charitable donation to a local food bank;

• acknowledgement by the young offender to the acts of vandalism;

• agreement by the youth to comply with Langford bylaws and possess no graffiti implements;

• counselling and cleanup.

As part of the order, the defendants cannot be named.

"The parents have paid damages to the two companies involved, of I think less than $1,000 apiece to the two companies. There's a $2,000 charitable donation the parents will make to the Goldstream Food Bank ... There's 100 hours of community service to be performed by the offender in the City of Langford and that's to clean up graffiti specifically," DeSouza said.

Key to success of the legal action was the fact the parents were both aware of their child's actions and that they had the ability but failed to take action to stop him, DeSouza said.

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"If you've got a kid and he's gone and broken a window, you're not going to be on the hook for that," DeSouza said.

"But if in this situation you know your child has got a graffiti problem, the police have come to your house on more than one occasion and it's a bit of an issue, you've got to do something. That's why the city took these steps."

DeSouza believes the order will attract attention from other municipalities frustrated by light sentences handed out in vandalism cases.

"It gives the community a greater leverage in dealing with acts of vandalism," DeSouza said.

"This gives municipalities another tool in which to recover the costs involved to the taxpayer and also send a message to the community."

It is not the first time the municipality has pressed for more severe sanctions for taggers.

In 2009, not satisfied with the minimal sentence a 20-year-old tagger received after being found guilty of mischief, Langford pursued the matter with a civil lawsuit against the man, who was a youth when he committed the offence two years earlier.

That resulted in a B.C. Supreme Court sanctioned settlement of about $6,400 damages and 30 hours of community service.

Langford has also been successful in getting restitution without going to court. In April, 2009, municipal community safety officers caught three young people on a graffiti spree. Instead of criminal charges, they opted for a restorative justice process that involved their parents.

All three agreed to pay compensation with their own money and to write letters of apology. That meant the three had to find jobs. Damage estimates received from Colwood, School District 62 and two businesses totalled $1,562.

Langford enforcement officials believe incidents of graffiti have dropped dramatically since the municipality has taken a hard line, DeSouza said.

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   In groundbreaking case, B.C. parents tagged with fine for son’s graffiti