An oral history of the Toronto graffiti movement told through the voices of the writers themselves.
RESEARCH & RESOURCES
This page is for writers, researchers, journalists, and anyone who wants to understand graffiti culture more deeply — its legal dimensions, its history, its place in Canadian law, and the practical resources available to artists working today.
About This Project
This project took more than a decade to complete.
Legal Issues — What Every Writer Should Know
The law around graffiti in Canada is more nuanced than most people realise. Here is a factual overview.
Criminal law
Under the Criminal Code of Canada, unauthorized graffiti is considered mischief. Anyone caught can be charged regardless of the artistic quality of the work. Mischief charges fall into two categories: under $5,000 and over $5,000, the latter carrying more serious penalties. If charged, you will be fingerprinted, photographed, and required to appear in court. Conditions of release may include prohibitions on possessing spray paint or entering certain areas.
This is not legal advice. If you are charged, contact a lawyer immediately.
Toronto bylaw
Copyright — your work is protected
This surprises many writers: under Section 5(1) of the Canadian Copyright Act, copyright subsists in every original artistic work — including graffiti — whether it was created legally or not. You do not need to register your work. Copyright is automatic from the moment of creation.
This means:
Moral rights
Beyond copyright, Canadian law gives artists moral rights — rights that cannot be sold or transferred, only waived in writing. Moral rights include the right to be associated with your work and the right to the integrity of your work.
If someone modifies or distorts your work in a way that damages your reputation, you may have a legal claim even if you no longer own the work. Canadian courts have awarded damages in cases where artwork was partially destroyed, ruling it amounted to mutilation of the work.
Legal Resources for Artists in Ontario
Legal Walls & Commissioned Work in Toronto
Graffiti Alley — Rush Lane, south of Queen Street West between Spadina and Portland The best-known legal space in Toronto. Artists paint with permission from shop owners along the alley. Work is painted over and renewed constantly. It is an open, collaborative space — but get permission from the relevant property owner before painting. www.atlasobscura.com/places/graffiti-alley-rush-lane
Legal walls in Canada — crowd-sourced directory www.legal-walls.net/country/canada
StreetARToronto (StART) — City of Toronto program for commissioned street art The City of Toronto's official street art program funds murals and graffiti art on public and private surfaces. Multiple programs are available depending on whether you are an emerging or established artist, an individual or organisation.
Apply and learn more: www.toronto.ca/services-payments/streets-parking-transportation/enhancing-our-streets-and-public-realm/streetartoronto/apply-to-start-programs/
StreetARToronto artist directory — list your work and profile www.streetartoronto.ca
Health & Safety
Spray paint contains solvents, propellants, and pigments that can cause serious harm over time with regular exposure. Ventilation, respiratory protection, and skin protection are not optional — they are essential. Anyone painting regularly should read the health section of Toronto Graffiti: The Human Behind the Wall, which addresses this directly in the context of the writers' own experiences.
Getting Paid for Your Work
The culture is changing. Commissioned mural work is increasingly common across Toronto and Canada. Businesses, developers, community organisations, and property owners regularly hire writers and street artists for commercial and public projects.
Further Reading
About This Project
This project took more than a decade to complete.
- Read the story behind it in the author's own words → HERE
- Read the author's perspective on graffiti culture, written after more than a decade inside the scene → HERE
Legal Issues — What Every Writer Should Know
The law around graffiti in Canada is more nuanced than most people realise. Here is a factual overview.
Criminal law
Under the Criminal Code of Canada, unauthorized graffiti is considered mischief. Anyone caught can be charged regardless of the artistic quality of the work. Mischief charges fall into two categories: under $5,000 and over $5,000, the latter carrying more serious penalties. If charged, you will be fingerprinted, photographed, and required to appear in court. Conditions of release may include prohibitions on possessing spray paint or entering certain areas.
This is not legal advice. If you are charged, contact a lawyer immediately.
Toronto bylaw
- Toronto's Graffiti Bylaw (Chapter 485) distinguishes between graffiti vandalism and graffiti art. A work qualifies as graffiti art if it was created with the owner's permission and aesthetically enhances the surface. Designated graffiti art zones exist across the city. If your commissioned work has been mistakenly cited as vandalism, you can apply for a Graffiti Art/Mural exemption by emailing [email protected].
- City of Toronto Graffiti Bylaw information www.toronto.ca/city-government/public-notices-bylaws/bylaw-enforcement/graffiti-postering-signs/
- Approved graffiti art locations in Toronto www.toronto.ca/city-government/public-notices-bylaws/bylaw-enforcement/graffiti-postering-signs/graffiti-art-in-the-city/
Copyright — your work is protected
This surprises many writers: under Section 5(1) of the Canadian Copyright Act, copyright subsists in every original artistic work — including graffiti — whether it was created legally or not. You do not need to register your work. Copyright is automatic from the moment of creation.
This means:
- You own the copyright to your work even if you painted it on someone else's property
- Someone who photographs your work and uses it commercially may require your permission
- A company that uses your work in advertising without your consent may be infringing your copyright
Moral rights
Beyond copyright, Canadian law gives artists moral rights — rights that cannot be sold or transferred, only waived in writing. Moral rights include the right to be associated with your work and the right to the integrity of your work.
If someone modifies or distorts your work in a way that damages your reputation, you may have a legal claim even if you no longer own the work. Canadian courts have awarded damages in cases where artwork was partially destroyed, ruling it amounted to mutilation of the work.
- Moral rights in Canada — Fasken legal overview www.fasken.com/en/knowledge/2023/11/is-graffiti-protected-by-copyright-and-if-so-what-are-some-of-the-legal-issues-posed-by-it
- Graffiti and copyright law in Canada — ROBIC www.robic.ca/en/?publications=overview-graffiti-legal-considerations-canada
Legal Resources for Artists in Ontario
- Free legal aid for artists in Ontario www.alasontario.ca Call to discuss your situation. If they can help, you will be given a 30-minute appointment with a lawyer. Located at Spadina and Richmond, Toronto.
- CARFAC Ontario — free legal clinic for members www.carfacontario.ca Members are matched with lawyers from Tory's LLP for advice on contracts, copyright, and other legal matters.
- Pro Bono Law Ontario — free legal representation www.pblo.org
- Community Legal Education Ontario www.cleo.on.ca
- Mischief charges for graffiti in Toronto — detailed legal overview www.torontomischieflawyer.ca/graffiti.htm
- Police powers in Ontario — know your rights www.cleo.on.ca/english/pub/onpub/PDF/criminal/polpower.pdf
- Legal representation contact — Daniel Rechtshaffen, Barrister (Wrote the Legal Issues section for Toronto Graffiti: The Human Behind the Wall) Email: [email protected] Tel: 416.777.2245
Legal Walls & Commissioned Work in Toronto
Graffiti Alley — Rush Lane, south of Queen Street West between Spadina and Portland The best-known legal space in Toronto. Artists paint with permission from shop owners along the alley. Work is painted over and renewed constantly. It is an open, collaborative space — but get permission from the relevant property owner before painting. www.atlasobscura.com/places/graffiti-alley-rush-lane
Legal walls in Canada — crowd-sourced directory www.legal-walls.net/country/canada
StreetARToronto (StART) — City of Toronto program for commissioned street art The City of Toronto's official street art program funds murals and graffiti art on public and private surfaces. Multiple programs are available depending on whether you are an emerging or established artist, an individual or organisation.
- Partnership Program: up to $70,000 for community mural projects
- Support Program: up to $3,000 in materials for property owners experiencing vandalism
- Outside the Box: murals on traffic signal boxes across the city
- Concrete Barrier Program: murals on jersey barriers
Apply and learn more: www.toronto.ca/services-payments/streets-parking-transportation/enhancing-our-streets-and-public-realm/streetartoronto/apply-to-start-programs/
StreetARToronto artist directory — list your work and profile www.streetartoronto.ca
Health & Safety
- Artists' Health Centre — Toronto Western Hospital www.ahcf.ca Health resources specifically for artists, including those working with spray paint and solvents.
- Health and safety resources for artists — compiled by Ted Rickard, MLS, M.Ed, CRSP
Spray paint contains solvents, propellants, and pigments that can cause serious harm over time with regular exposure. Ventilation, respiratory protection, and skin protection are not optional — they are essential. Anyone painting regularly should read the health section of Toronto Graffiti: The Human Behind the Wall, which addresses this directly in the context of the writers' own experiences.
Getting Paid for Your Work
The culture is changing. Commissioned mural work is increasingly common across Toronto and Canada. Businesses, developers, community organisations, and property owners regularly hire writers and street artists for commercial and public projects.
- StreetARToronto artist registry — list yourself for commissioned city projects www.streetartoronto.ca
- Book An Artist — Canadian platform connecting mural artists with clients www.bookanartist.co/graffiti-artists-toronto
- Canada Revenue Agency — tax guidance for self-employed artists If you earn income from commissions, murals, or other artistic work, you are considered self-employed and must report that income. The CRA has published specific guidance for artists and writers. www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-4-businesses/folio-14-income-artistic-endeavours/income-tax-folio-s4-f14-c1-artists-writers.html
Further Reading
- Graffiti, Street Art, Walls, and the Public in Canadian Copyright Law — academic paper by Pascale Chapdelaine, University of Windsor, published in The Cambridge Handbook of Copyright in Street Art and Graffiti (Cambridge University Press, 2019)
- Murals, Graffiti, and the Law — UBC IP Law student review, 2025
