Theft Charges in Canada: Understanding Under and Over $5,000
What is theft?
Theft is a criminal offence under the Criminal Code of Canada. Generally, theft occurs when a person fraudulently and without colour of right takes, obtains, or withholds property from another person with the intent to deprive them of it. In simpler terms, theft happens when someone takes property they know does not belong to them, without permission, and with the intention of keeping it.
The Criminal Code defines a range of theft-related offences, but the most commonly charged are theft under $5,000 and theft over $5,000.
Theft Under $5,000
Theft under $5,000 is a hybrid offence, which means that the Crown has the discretion to proceed by indictment or by summary conviction depending on the circumstances and the accused’s criminal history.
This category is typically applied when the value of the stolen property is $5,000 or less. Examples could include shoplifting a small electronic item, taking goods from a vehicle, or misappropriating cash under $5,000.
Possible penalties for theft under $5,000
- Up to 2 years less a day imprisonment (if prosecuted by indictment)
- Fines
- Probation
- Restitution (repayment to the owner)
Even in “lower-value” theft cases, a conviction can lead to a criminal record, which can affect employment, travel, and professional licensing.
Theft Over $5,000
Theft over $5,000 applies when the value of the stolen property exceeds $5,000. This is an indictable offence, and the Crown typically prosecutes it more seriously due to the higher value involved.
Possible penalties for theft over $5,000
- Maximum life imprisonment, although sentences are usually lower and depend on the facts of the case
- Fines
- Restitution orders
- Probation or custodial sentences
Because the offence involves higher-value property, the courts may impose more substantial penalties.
Additional Factors in Theft Cases
When determining the appropriate charge and potential sentence, courts will consider a range of factors, including:
- The value of the property stolen
- Whether the theft was planned or opportunistic
- The impact on the victim
- The accused’s criminal record
- Whether the accused made restitution before or after charges were laid
In some cases, theft charges arise in conjunction with other offences, such as possession of stolen property, fraud, or breaking and entering.
Defences to Theft Charges
There are several possible legal defences that might apply in a theft case:
- Lack of intent to permanently deprive — if the accused intended to return the property, a theft charge may not apply
- Mistaken identity — the Crown must prove beyond a reasonable doubt that the accused committed the offence
- Consent or lawful right to the property
- Charter violations, such as unlawful search or seizure by police
A criminal defence lawyer can review the evidence and determine which defences may apply, increasing the chance of a reduced outcome or acquittal.
Why Theft Charges Matter
A theft conviction can have serious consequences, even if the offence is under $5,000. These can include:
- A criminal record
- Difficulty obtaining employment or housing
- Restrictions on international travel
- Challenges in obtaining professional licences or security clearances