Theft Lawyer in Canada

What Theft covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The accused took or converted property belonging to another
• The taking or conversion was done fraudulently and without colour of right
• The accused intended to deprive the owner of the property, temporarily or absolutely
• The value of the property, which determines classification under section 334
• Identity of the accused and the date and jurisdiction of the alleged offence

Penalties and consequences on conviction

• Up to ten years imprisonment for theft over $5,000
• A lower maximum and frequent non-custodial outcomes for theft of $5,000 or less
• Restitution orders requiring repayment to the complainant or employer
• A criminal record that is disqualifying for many roles involving money or inventory
• Immigration consequences for permanent residents where the Crown proceeds by indictment

Common defences

• Colour of right: an honest belief in a legal entitlement to the property
• Absence of intent to deprive, such as a genuine mistake at a self-checkout
• The property was not taken or converted as alleged
• Identification, particularly in surveillance-only shoplifting cases
• Value is below the alleged threshold, changing the classification
• Charter breaches in detention by loss prevention staff or in the subsequent police search

Theft lawyer: frequently asked questions

What is colour of right?

It is an honest belief, even if mistaken, that you had a legal right to the property. Because theft requires a fraudulent taking without colour of right, an honest claim of entitlement negates the offence. It arises often in disputes between former partners, business associates and employees.

Can a first theft charge be resolved without a record?

Frequently, yes. Diversion, a withdrawal on conditions, or a conditional or absolute discharge are all realistic outcomes for a first low-value theft where restitution is made. Availability depends on the jurisdiction's diversion policies and the circumstances of the offence.

How is the value determined?

Ordinarily by the retail or replacement value of the property at the time of the offence. Value matters because section 334 draws the line at $5,000. Where the valuation is inflated or based on an unsupported estimate, challenging it can move the charge into the less serious category.