What Is Theft?

• 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

  • (a) 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;

  • (b) to pledge it or deposit it as security;

  • (c) 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

  • (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

• Marginal note:Time when theft completed

  (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

• Marginal note:Secrecy

  (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

• Marginal note:Purpose of taking

  (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

• Marginal note:Wild living creature

  (5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

According to section 322(1) of the Criminal Code of Canada (the "Criminal Code"), theft is the use or taking of something that does not belong to oneself with the aim to temporarily or permanently deprive the legitimate owner of that item.

The Crown must demonstrate beyond a reasonable doubt that the property was taken or stolen without the owner's consent and under the necessary legal authority in order to convict someone of theft. While the stolen things must be tangible, the specifically stolen property does not have to be. It is necessary for the Crown to prove that the property was removed or stolen without authorization or legal authority. An accused person facing theft charges may be entitled to provide an explanation or defence under specific conditions.

Over $5,000 and Under $5,000 Theft
Theft above $5,000 and theft under $5,000 are two distinct crimes under Section 334 of the Criminal Code. The value of the property that was taken and the possible penalties for a conviction represent the distinction between these two accusations.

Over $5,000 Theft
If the stolen goods is worth more than $5,000, the charge is deemed an indictable offence, which carries a maximum penalty of up to 10 years in jail.

Under $5,000 in Theft
One of Canada's most common property violations is theft under $5,000. For stealing convictions under $5,000, the maximum penalty is two years in jail, fines, or probation. Since this is a hybrid offence, the Crown may decide to proceed either summarily or on indictment, which may have an effect on the possible punishments in the event that the criminal is found guilty.
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