Theft and Shoplifting Lawyers Toronto

Theft is defined in section 322 of the Criminal Code. A person commits theft when they fraudulently and without colour of right take, or convert to their own use, anything — whether animate or inanimate — with the intent to permanently or temporarily deprive the owner of it. The offence covers taking property and using someone else's property without authorization. It also covers taking or converting property intending to pledge it as security, to part with it on a condition you may not be able to meet, or to deal with it so it cannot be returned in the same condition.

Receiving or possessing property knowing it was obtained by crime is a separate offence — possession of property obtained by crime, under section 354.

Shoplifting is not a separate offence in the Criminal Code. It is simply theft under $5,000 in a retail context. A person is charged with theft under $5,000 if they are alleged to have taken merchandise from a store without paying. The charge is the same whether the item was worth five dollars or five thousand — what matters is the value of the property taken and the intent of the person taking it.

Loss prevention officers frequently detain people they suspect of shoplifting and involve police. The manner of the detention, the evidence collected, and the statements made during that process all become relevant to the defence.

The distinction is based on the value of the property taken. Theft under $5,000 is a hybrid offence — it can be prosecuted summarily or by indictment. Since 2019, theft over $5,000 has been a hybrid offence too: it carries a maximum of ten years when the Crown proceeds by indictment, or two years less a day on summary conviction. The value threshold affects not only the maximum penalty but also how the Crown approaches the file. Theft under $5,000 is far more likely to be resolved through diversion, a withdrawal, or a discharge. Theft over $5,000 is treated as a more serious matter at every stage.

Both theft under $5,000 and theft over $5,000 are hybrid offences: the Crown chooses whether to proceed by indictment or summarily. By indictment, the maximum is two years for theft under $5,000 and ten years for theft over $5,000. On summary conviction, the maximum for either is two years less a day. Most shoplifting charges are prosecuted summarily.

It is having property you know was obtained by crime — for example, keeping or buying goods you know were stolen. Possession includes having control of the property, alone or with someone else, or helping to hide or get rid of it. The penalties mirror theft: up to two years under $5,000 and up to ten years over $5,000 on indictment. Possessing stolen property in order to sell or pass it on is a more serious offence, carrying up to 14 years when the value is over $5,000.

To obtain a conviction for theft, the Crown must prove beyond a reasonable doubt:

• The accused took or converted property belonging to another person.
• The taking was fraudulent — meaning it was dishonest and without the owner's consent.
• The accused had no colour of right — no honest belief that they were entitled to the property.
• The accused intended to deprive the owner of the property, whether permanently or temporarily.

Colour of right, no intent to deprive, identity and Charter violations are the most common. Each one is explained in the defences section above, along with challenges to the value of the property and, on a possession charge, to knowledge.

Many theft under $5,000 charges are eligible for diversion, particularly where the accused has no prior criminal record and the value of the property was modest. Diversion programs vary by jurisdiction, but they generally require the accused to complete community service, make a charitable donation, attend a program, or some combination. Once the conditions are met, the charge is withdrawn and no criminal record results.

Not every case qualifies. The Crown considers the circumstances of the offence, the accused's background, and the position of the complainant.

Since July 18, 2026, diversion is governed by a new part of the Criminal Code on alternative measures and restorative justice. You must accept responsibility and consent to take part, and nothing you admit to qualify can be used against you in court.

Theft under $5,000, prosecuted summarily, carries a maximum of two years less a day. By indictment, the maximum is two years. Theft over $5,000 carries a maximum of ten years on indictment, or two years less a day if prosecuted summarily.

The real cost of a theft conviction is often the criminal record itself. A theft conviction in the CPIC database can disqualify a person from employment in finance, healthcare, education, and government. It can prevent entry to the United States, delay or derail immigration applications, and affect custody proceedings.

A conviction does, and a discharge stays on the national police database for a time. A charge that is withdrawn after diversion, or dismissed, does not result in a conviction. A discharge is not a conviction either, and the record of it is removed from the national police database one year after an absolute discharge and three years after a conditional discharge. Police may still keep their own records of a charge or a diversion warning, which is one reason early legal advice matters.