SHOPLIFTING IN CANADA  

                                          

I have downloaded much of this article from an article that was written by Norm Stanford who is a Toronto criminal lawyer. I have made some minor changes of my own that doesn’t change the input of the lawyer’s article.

Theft charge of theft is either classified as Theft Under $5000 or Theft Over $5000, depending on the value of the amount alleged to have been stolen.  It is considered a “property offence” and it is not uncommon for an accused person to have multiple counts of theft alleged if the conduct accused of took place over a certain period of time.  Theft charges usually involve retail theft, including shoplifting and price-switching, breach of trust situations involving employees, and large scale thefts involving vehicles or construction equipment.  These charges may sometimes be laid along with fraud charges.  Depending on the circumstances of your case, your theft charge may be difficult for the Crown prosecutor to prove, or your constitutional Charter rights may have been violated during your arrest.  As in all criminal cases, entering a plea of guilty to a fraud charge or convicted of that offence after previously pleading not guilty can have profoundly serious consequences.  Having a criminal record may affect your work, your immigration status, your reputation, your family and your personal freedom.

·        What is the possible penalty for Theft Over $5000?

·        What is the possible penalty for Theft Under $5000?

·        How can I be guilty of theft if I gave the merchandise back?

·        Are there defences to Theft?

·        What do I do if I’ve been charged with Theft?

What is the possible penalty for Theft Over $5000?

Under the Criminal Code of Canada,  Section 322.(1), states that “Every one who is found guilty of Theft Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to ten years.”

What is the possible penalty for Theft Under $5000?

Under the Criminal Code of Canada,  Section 322states   that every one who is found guilty of Fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction which could also result in a conditional discharge which means no imprisonment or criminal record for first offenders.

In the United States, an (indictable offence is called a felony whereas an offence punishable on summary conviction is called a misdemeanor.

Am I guilty of theft if I gave the merchandise back?

Once a charge of theft has been laid, you are “in the system” and your criminal charge against you will proceed.  Paying for the goods after you have been caught will not result in any automatic dropping of the charges.  The matter is in the hands of the Crown prosecutor.  An offer to pay back the money or value of the property in certain situations may be useful as a mitigating factor and result in a lower penalty.  In certain situations where the case against you is not very strong, your lawyer may be able to use an offer to pay back money or return property as a bargaining tool that may result in charges against you being dropped.

Are there defences to theft?

As with most criminal charges, you may have certain defences available to you depending on the circumstances of your charge.  You will need to explain what happened to your lawyer to determine if any of these defences are available. An honest mistake is a defence. I will give you an example.

You were shopping in a store and you placed a large item in the bottom part of a shopping cart. When you paid for the items above the bottom part of the cart, you forgot about the item in the bottom part of the cart. When you pushed the cart out of the store to put the paid-for item in your car, the security officer arrested you and charged you with shoplifting even if you intended take the item back into the sore and pay for it. If he arrested you while you were taking the unpaid for item back to the store, the judge may consider that you accidentally took the unpaid item out of the store and you intended to pay for it. If that occurs, the charge will be dismissed.  

What can I do if I’ve been charged with theft?

The most important issues that your lawyer will ask you are:

·        What are the circumstances of the charges?

·        What is the value of the alleged theft?

·        Did you make any statements to the police or sign any papers?

·        The strength of the case against you

·        Were there any witnesses to the alleged incident?

 .    What are your main goals — beating the charge, not going to jail, not having a criminal record?

If this is your first offence of shoplifting and the items stolen are not too large in number and you weren’t part of a shoplifting group of shoplifters, it is highly unlikely that you will be sent to jail.

The real consequences are that you could have a criminal record if you are convicted. Shoplifting is a stupid way to shop. The cost of a lawyer and/or a fine is an expensive way to shop. The four dollar item you shoplifted could in the long run, cost you a minimum of a thousand dollars after you have paid your lawyer and paid the fine if you are convicted. Only dummies shoplift items from stores. Are you one of those dummies? I sincerely hope not.