Facing Theft Charges in Canada - Understanding Theft Laws in Canada

In Canada, theft is a criminal offence set out in the Criminal Code of Canada. The law defines what constitutes theft, explains the required mental intent, and prescribes penalties that can vary depending on the seriousness of the offence.

What is Theft in Canada?

Under section 322 of the Criminal Code, theft occurs when a person takes someone else’s property without consent, intending to permanently deprive the owner of it. This can apply to both physical property, such as money or goods, and intangible property, such as digital assets.

The Mental Element (Mens Rea)

To be found guilty, the Crown must prove that the accused intended to commit theft. This requires evidence that the taking was deliberate and that the person planned to keep the property permanently, not just borrow or use it temporarily.

Theft Thresholds and Categories

Canadian law distinguishes between:

• Theft under $5,000 – A hybrid offence that can be prosecuted summarily or by indictment, with lower penalties when prosecuted summarily.
• Theft over $5,000 – A more serious indictable offence that can result in harsher penalties.

Penalties for Theft

• Indictable theft over $5,000 – Maximum penalty of 10 years imprisonment.
• Summary theft under $5,000 – Maximum penalty of 2 years less a day imprisonment.

The sentencing court will consider the circumstances of the theft, the value of the property, and the offender’s criminal record.

Aggravating Factors

Penalties for theft can increase if certain aggravating factors are present, including:

• High-value Property – Greater value can justify longer sentences.
• Violence or Threats – Can elevate the charge to robbery.
• Weapons – Using or displaying a weapon significantly increases penalties.
• Targeting Vulnerable Victims – Offences against the elderly or disabled are treated more seriously.
• Breach of Trust – Theft by an employee or fiduciary is considered more serious.
• Organized Theft – Coordinated theft as part of organized crime attracts heavier sentences.

Related Offences

The Criminal Code also contains offences closely related to theft, such as:

• Robbery – Theft involving violence or threats.
• Break and Enter – Unlawful entry with intent to steal.
• Fraud – Deceptively obtaining property or services.

Why Legal Representation Matters?

Theft charges can carry severe and lasting consequences, including a criminal record, jail time, and damage to employment opportunities. If you are charged, an experienced criminal defence lawyer can review the evidence, challenge the prosecution’s case, and work to reduce or dismiss the charges.

For skilled legal advice and representation, contact Linh Pham at (306) 502-5987 for a free consultation.

Legal Citation:

•  Criminal Code, RSC 1985, c C-46, s 322 – CanLII Link