Theft involves intentionally taking or using someone else’s property without consent and without lawful right.

Theft: Criminal Code Provisions (s. 322)

Theft involves internationally taking or using someone else’s property without consent and without lawful right. Theft is categorized into two classifications: Theft Under $5000 and Theft Over $5000.

Criminal Code Provision:

322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

1. To deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
2. To pledge it or deposit it as security;
3. To part with it under a condition with respect to its return, that the person who parts with it may be unable to perform; or
4. To deal with it in such a manner that it cannot be restored to the condition in which it was at the time it was taken or converted.

What the Crown must prove

To secure a conviction, the prosecution must demonstrate beyond a reasonable doubt:

1. The accused took or converted property
2. The asset was owned by another individual
3. The taking was deceitful and lacking any legal justification (no sincere belief in possessing a lawful claim to it).
4. The defendant aimed to take away the owner’s rights, whether for a short or long duration

Theft under $5,000

Offences in this category involve lower-value property and are commonly seen in retail and everyday settings. Examples include:

• Shoplifting – stealing clothes, electronics, or food items from a store without payment.
• Personal Belongings – Taking a mobile phone, handbag, or bike valued at under $5,000.
• Workplace Theft – Stealing minor cash amounts from a register or resources from an employer.

Sentencing for Theft Under:

1. First-time offender, shoplifting – May receive a discharge, probation, or a small fine (no permanent criminal record if conditions are met).
2. Repeat offender – May receive a discharge, probation, or a small fine (no permanent criminal record if conditions are met).

Theft over $5,000

These offences pertain to more valuable assets and are treated with greater seriousness by the Courts. Examples include:

• Theft of a vehicle– Taking a car, truck, or motorcycle valued at over $5,000.
• High-value electronics– Removing computers, servers, or business equipment from a company.
• Monetary Theft – Taking significant amounts of cash from an employer’s accounts or in the course of a fraud operation.
• Construction or commercial property– Disposing of equipment, tools, or stock worth over $5,000

Sentencing for Theft Over:

1. First-time offender- car theft– May receive a discharge, probation, or a small fine (no permanent criminal record if conditions are met).
2. Repeat Offender or breach of trust – 2–3 years imprisonment.
3. Organized Theft on a large scale – 4–7+ years imprisonment.

Leading Case Law for Theft

In the case of R. V. Kelly, [2001] 1 SCR 741, the Court affirmed that in cases of theft, the Crown needs to demonstrate both the act of taking and the intention to deprive the owner. Even short-term denials can be considered theft if they infringe upon the owner’s rights. Theft isn’t solely about irreversible loss; even unauthorized temporary use can be considered theft.