Comprehensive Guide to Theft Offences in Canada

Introduction

Theft is one of the most common criminal offences in Canada and covers a wide range of actions, from shoplifting to the theft of large amounts of money or property. If you are facing theft charges, understanding the law, the penalties, and your legal rights is essential.

At Guruveer Sangha Law, we specialize in defending individuals charged with theft offences. We provide clear legal advice, develop strong defence strategies, and guide our clients through every stage of the legal process.

This guide explains the legal definition, categories, penalties, and defences for theft offences under the Criminal Code of Canada.

Legal Definition of Theft under the Criminal Code

Theft is defined under Section 322 of the Criminal Code of Canada as:

“Everyone commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent to deprive, temporarily or absolutely, the owner of it.”

To convict someone of theft, the Crown must prove the following elements:

1. The accused took or converted property.
2. The property belonged to someone else.
3. The accused acted fraudulently and without legal authority (colour of right).
4. The accused intended to deprive the owner of the property, even temporarily.

Types of Theft Offences

1. Theft Under $5,000 (Section 334(b))

Theft under $5,000 refers to cases where the value of the stolen property is less than $5,000. This is the most common theft offence and is often prosecuted as a summary conviction offence.

Penalties:

• Summary Conviction: Up to 6 months imprisonment and/or a fine of up to $5,000.
• Indictable Offence: Up to 2 years imprisonment.

2. Theft Over $5,000 (Section 334(a))

Theft over $5,000 involves property valued at more than $5,000. These cases are considered more serious and can be prosecuted as indictable offences.

Penalties:

• Indictable Offence: Up to 10 years imprisonment.

3. Motor Vehicle Theft (Section 333.1)

Motor vehicle theft is treated as a separate offence under Section 333.1 of the Criminal Code. This applies to the theft of cars, trucks, motorcycles, or any motorized vehicle.

Penalties:

• Summary Conviction: Up to 6 months imprisonment and/or a fine.
• Indictable Offence: Up to 10 years imprisonment.

Motor vehicle theft is often associated with additional charges such as possession of stolen property or fraud.

4. Shoplifting and Retail Theft

Shoplifting, a subset of theft under $5,000, is one of the most common forms of theft. Retail theft may include actions such as concealing items, changing price tags, or exiting the store without payment.

While seemingly minor, shoplifting can still lead to criminal charges, a permanent criminal record, and significant legal consequences.

Penalties:

• Varies based on the value of the stolen goods and whether the case is prosecuted as a summary or indictable offence.

Penalties for Theft Offences

Penalties for theft depend on the value of the stolen property, the nature of the offence, and whether the case proceeds as a summary conviction or indictable offence.

Repeat offenders or thefts involving aggravating factors, such as breach of trust (e.g., employee theft), often result in harsher sentences.

What the Crown Must Prove in a Theft Case

To secure a conviction, the Crown must prove the following beyond a reasonable doubt:

1. Taking or Conversion: The accused took or used the property without permission.
2. Fraudulent Intent: The accused acted dishonestly.
3. Deprivation: The accused intended to deprive the rightful owner of the property.
4. Value of Property: The Crown may need to prove the value of the property, which determines the classification of the offence.

If any of these elements are not proven, the accused cannot be convicted.

Common Defences to Theft Charges

Several defences can be used to challenge theft charges, depending on the circumstances of the case. These include:

1. Colour of Right: The accused believed they had a legal right to the property.
2. Lack of Intent: The accused did not intend to permanently or temporarily deprive the owner of the property.
3. Mistaken Identity: The accused was not the person who committed the theft.
4. Insufficient Evidence: The Crown cannot prove the elements of the offence beyond a reasonable doubt.
5. Duress: The accused was forced or threatened into committing the theft.

A skilled lawyer can assess your case and determine the best defence strategy to protect your rights.

Impact of a Theft Conviction

A theft conviction can have long-term consequences beyond fines or imprisonment. These include:

• Criminal Record: A permanent record can affect employment, travel, and housing opportunities.
• Immigration Consequences: Non-citizens may face deportation or inadmissibility to Canada.
• Professional Licensing: Theft convictions can impact careers requiring licensing or security clearances.

At Guruveer Sangha Law, we understand the serious impact of theft charges and work tirelessly to minimize these consequences.

Frequently Asked Questions (FAQs)

1. What is theft under $5,000?
   Theft under $5,000 involves stealing property valued at less than $5,000 and is prosecuted under Section 334(b) of the Criminal Code.
2. Can I go to jail for shoplifting?
   Yes. While first-time offenders may receive fines or probation, repeat offences or aggravating factors can lead to imprisonment.
3. What is colour of right in a theft case?
   Colour of right refers to a belief that you had a legal right to the property, even if that belief was mistaken.
4. Can theft charges be dropped?
   Yes. The Crown may drop charges if there is insufficient evidence or if proceeding is not in the public interest.
5. What should I do if I’m charged with theft?
   Contact a qualified lawyer immediately. At Guruveer Sangha Law, we provide expert legal advice and representation to defend theft charges.
6. What are the penalties for motor vehicle theft?
   Motor vehicle theft carries a maximum penalty of 10 years imprisonment under Section 333.1 of the Criminal Code.
7. Will a theft conviction affect my employment?
   Yes. A criminal record for theft can impact job opportunities, particularly in positions requiring trust, such as retail or finance roles.
8. Can I get a discharge for a theft charge?
   In some cases, first-time offenders may qualify for an absolute or conditional discharge, depending on the circumstances.

Conclusion

Theft charges are serious and can result in significant legal and personal consequences. Understanding the law, the penalties, and the available defences is key to protecting your future.

At Guruveer Sangha Law, we are committed to providing exceptional legal representation for individuals facing theft charges. From negotiating with the Crown to building a strong defence, we are here to fight for your rights.

If you have been charged with theft, contact Guruveer Sangha Law today for a consultation.