Theft charges in Canada put your record, your job and sometimes your immigration status at risk. How serious the charge is depends on two things: the dollar value of what was taken, and how it was taken. A shoplifting allegation and a robbery allegation are both theft in ordinary speech. In the Criminal Code they are different offences with different penalties.
This guide explains the offences, the court process from arrest to sentence, and the defences that succeed. If police have contacted you, speak to a criminal defence lawyer before you speak to them.
Theft Charges in Canada Cover Several Separate Offences
People use “theft,” “stealing” and “robbery” interchangeably. The Criminal Code does not. Each is a separate offence with its own elements and penalty range.
Police sometimes charge the more serious offence when the facts support only the lesser one. The first job of a defence lawyer is to check whether the charge laid matches what the Crown can prove.
Section 322 Defines Theft as Taking Property Without a Right to It
Section 322 of the Criminal Code defines theft as taking someone else’s property without permission, intending to deprive them of it temporarily or permanently. That is what most people mean by stealing.
The Crown must prove two things: that you took the item, and that you knew you had no right to take it.
What is the “colour of right”?
If you honestly believed the property was yours, or that you were entitled to take it, you have a “colour of right” and cannot be convicted of theft.
The belief does not have to be reasonable. It has to be genuine. This defence comes up often in disputes between former partners, roommates and business associates over who owns what.
The $5,000 Line Divides Theft Charges in Canada Into Minor and Major
The Code divides theft charges in Canada at $5,000. The value of the property decides whether the charge is treated as a minor offence or a major one.
Theft Under $5,000 Is Usually a Summary Conviction Offence
If the property is worth less than $5,000 the charge is theft under $5,000. This is the most common theft charge in the country and covers shoplifting, a stolen bicycle and similar cases.
It is usually prosecuted by summary conviction, the less serious procedure with lighter penalties. A conviction still produces a permanent criminal record.
The Crown can instead proceed by indictment, and often does where the accused has a long record. Indictment carries heavier penalties.
Theft Over $5,000 Is Always Indictable
If the property is worth more than $5,000 the charge is theft over $5,000: jewellery, machinery, large sums of money.
Theft over $5,000 is a straight indictable offence. The Crown has no summary option. A conviction can mean time in a federal penitentiary. Do not face this charge without counsel.
Robbery Is Theft with Violence or Threats
Robbery is a different offence from theft and a much more serious one. Under section 343 of the Criminal Code, robbery is theft accompanied by violence, a threat of violence, or extortion. The value is irrelevant. Taking one dollar by force is robbery.
Robbery is always indictable. Courts treat it as a crime of violence, in the same family as assault charges, and the Crown seeks jail.
A Weapon Raises the Sentence and Can Trigger a Mandatory Minimum
A robbery with a weapon is graver still. The Code sets mandatory minimum sentences for robbery with certain firearms. A replica gun is treated almost as seriously as a real one.
A knife or a bat is an aggravating factor at sentencing, which means a longer sentence. Jail becomes the likely outcome.
A Face Covering Adds a Separate Charge and Shows Planning
The Code contains a separate offence of wearing a disguise with intent to commit an indictable offence. A mask during a robbery adds that charge.
It also tells the judge the offence was planned. Planned offences are sentenced more harshly than impulsive ones.
The Criminal Code Names Specific Forms of Theft
The Code addresses several distinct forms of theft charges in Canada, and the facts decide which one you face:
- Shoplifting: taking merchandise from a retail store without paying
- Identity theft and fraud: using another person’s information to obtain money or property
- Motor vehicle theft: taking a car, truck or other vehicle
The Process Runs From Arrest to Bail, Disclosure, Election and Trial
Knowing the sequence removes some of the fear. Here is how theft charges in Canada move through the system.
On Arrest You Have the Right to Counsel and the Right to Silence
From the moment of arrest you have rights under the Canadian Charter of Rights and Freedoms. The one that matters most is the right to speak to a lawyer immediately.
You also have the right to remain silent. Use it. Do not explain what was taken, what it was worth, or why. Anything you say goes into the Crown’s file.
A Bail Hearing Decides Whether You Go Home Before Trial
After arrest, police may release you with a promise to appear. For robbery or theft over $5,000 they may hold you for a bail hearing, also called a show cause hearing, where a judge or justice of the peace decides whether you go home while the case proceeds.
The court weighs flight risk and danger to the public. Have a lawyer at that hearing. If bail is denied you stay in a detention centre until the case ends.
The Crown Must Hand Over Its Evidence Before You Plead
Before you plead, you are entitled to the evidence against you. The Crown must give your lawyer the police notes, witness statements and video.
Your lawyer reads it for weaknesses in the investigation and for Charter breaches during the arrest or search. Those breaches are where many theft charges in Canada fall apart.
On an Indictable Charge You Choose the Mode of Trial
On an indictable charge you choose the mode of trial: a provincial court judge, a superior court judge alone, or judge and jury. Your lawyer advises which suits the facts of your case.
Will I Go to Jail? Understanding Your Sentence
The answer depends on the value taken, your record, and whether violence was used. The Code sets a different maximum for each offence.
Summary Conviction vs Indictable Offence Penalties
On summary conviction the maximum is usually two years less a day in a provincial jail, a $5,000 fine, or both. First offenders rarely receive the maximum.
By indictment the range is higher. Theft over $5,000 carries up to 10 years in a federal prison. Robbery carries a maximum of life, and firearms push sentences toward that end.
Sentences Range From a Discharge to Jail
Judges balance punishment, rehabilitation and public protection. The common outcomes are:
- Absolute or conditional discharge: a finding of guilt with no criminal record
- Suspended sentence with probation: served in the community under conditions
- Conditional sentence (house arrest): a jail sentence served at home under supervision
- Jail: reserved for serious offences and repeat offenders
- Fines and restitution: money paid to the court and repayment to the victim
How a Criminal Defence Lawyer Handling Theft Charges in Canada Can Defend You
You are innocent until the Crown proves guilt beyond a reasonable doubt. A defence can mean an acquittal, a withdrawn charge, or a reduced one. The strategies below are the ones that work most often.
Weak Identification Evidence Leads to Acquittal
The Crown must prove that you, and not someone else, committed the offence. In many theft and robbery cases the only evidence is grainy security footage or a single eyewitness.
Cross-examination exposes the limits of a witness’s memory. If identity is not proven, the judge must acquit.
Theft Without Intent Is Not Theft
Theft requires intent. Forgetting to pay for an item at the bottom of a cart is a mistake, not a crime.
Evidence that you were distracted, confused, or unwell goes to intent. If the Crown cannot prove you meant to steal, the charge should be dismissed.
A Charter Breach Can Exclude the Evidence
Police must follow the rules. An illegal search of your car, home or person violates the Charter.
If a judge finds a serious breach, the evidence from the search can be excluded. Without it the Crown often has no case and drops the charge.
A Lawyer Changes the Outcome of Theft Charges in Canada
Handling theft charges in Canada alone is a mistake. The legal system is procedural and unforgiving, and one wrong statement to police or the Crown can decide the case.
An experienced lawyer from the Mike Murphy Law Group negotiates with the Crown to have charges withdrawn or reduced before trial, and defends the case in court if it gets there.
Theft Charges in Canada Affect Employment, Travel, Immigration and Licensing
A conviction lasts long after the sentence ends.
It creates a permanent record under the Criminal Code of Canada. That record appears on background checks by employers, landlords and volunteer organizations. Many Canadian employers require a records check, and a theft conviction can disqualify you from finance, healthcare, education, government and security work.
It restricts travel. United States Customs and Border Protection routinely denies entry to Canadians with criminal records, including theft. A single conviction can mean a lifetime bar from the United States unless you obtain a waiver, which is slow and expensive.
It threatens immigration status. A non-citizen convicted of theft can face removal proceedings, refusal of a permanent residence application, or loss of existing status under the Immigration and Refugee Protection Act. A defence lawyer who understands those consequences can shape the defence to protect your status.
It threatens professional licences. Lawyers, accountants, nurses, real estate agents and other regulated professionals can be suspended or struck off after a theft conviction, and a new licence application becomes hard to win. If you hold or plan to hold a professional designation, get counsel immediately.
FAQ
What Is the Difference Between an Indictable Offence and a Summary Conviction?
An indictable offence is a serious crime, such as robbery or theft over $5,000, with penalties that can include lengthy federal prison terms. A summary conviction offence is a less serious one, such as minor shoplifting, with a maximum usually of two years less a day in provincial jail. For “hybrid” offences such as theft under $5,000 the Crown chooses which way to proceed.
Can I Go to Jail for My First Theft Offence?
It is possible but rare for minor summary conviction shoplifting. Judges usually choose a conditional discharge, a fine or probation for a first offender who took something of low value. If the first offence is a violent robbery or involves a very large amount, jail is a real possibility.
Does the Dollar Amount of Goods Stolen Really Matter?
Yes. $5,000 is the dividing line. Under it, the charge is usually a summary conviction matter. Over it, the charge is automatically indictable, with a much higher risk of a federal sentence.
What Should I Do If the Police Ask Me to Come in for an Interview About a Robbery?
Decline politely and call a criminal defence lawyer. You have the right to remain silent under the Charter. Anything you say in that interview becomes Crown evidence, so have counsel before you speak.