Types of theft range from shoplifting and taking workplace property to allegations involving money, services, or property someone says was kept without permission. Under Canadian criminal law, whether conduct is actually theft depends on the property, the circumstances, and what the person intended at the time.

Convictions for theft and related property offences can affect employment, professional opportunities, travel, and immigration matters. If police contact you, you receive a summons, or you have been arrested, get legal advice before giving an explanation.

What is theft in Canada?

Theft is the criminal-law term for taking or converting property without a legal right to it, intending to deprive the owner of it temporarily or permanently. “Stealing” is the everyday word; theft is the offence defined by section 322 of the Criminal Code.

The act does not always have to involve carrying away an object. Theft can include moving property, causing it to move, dealing with it in a way that changes its use, or converting it for someone else’s use. The question is whether the conduct was done fraudulently and without colour of right, meaning without an honest legal right or claim to the property.

For example, a person who takes a store item past the checkout without paying may face a shoplifting allegation. A person who takes a company laptop home believing their manager authorized it raises a different issue: what permission was given, and what did that person honestly believe?

What acts can amount to theft?

Acts of theft can include taking goods, using property without authority, keeping property that should be returned, or obtaining services without paying where the required intent can be proven. An accusation alone is not proof: the Crown prosecutor must still prove the allegation beyond a reasonable doubt.

• Shoplifting: concealing merchandise or leaving a store without paying.
• Workplace property: taking cash, inventory, equipment, data, or supplies without authorization.
• Lost property: keeping a wallet or phone after finding it when the circumstances support an inference that the owner was intentionally deprived of it.
• Unauthorized use: using another person’s money, account, vehicle, or property beyond the permission that was given.
• Theft of services: obtaining a service through conduct intended to avoid payment.

Consider someone who finds a phone in a restaurant, sees the owner’s name on the screen, but sells it the next day. That can lead to an allegation of theft because the surrounding facts may suggest an intention to keep property belonging to someone else. By contrast, promptly giving the phone to restaurant staff or police may support a very different account of intent.

A theft lawyer Toronto can review the disclosure, the person’s explanation, and the evidence that may support or undermine the allegation.

Different types of theft charges and related property offences

The facts may result in a theft charge, but they can also lead police to allege a different property offence. The name of the charge matters because each offence has different legal elements that the Crown must prove.

• Theft: taking or converting property with the intent required by section 322.
• Possession of property obtained by crime: possessing property while knowing it was obtained by crime, or being reckless as to that possibility, under section 354 of the Criminal Code.
• Fraud: using deceit, falsehood, or other fraudulent means that cause actual or potential deprivation, addressed in section 380 of the Criminal Code.
• Break and enter: a separate allegation that can arise from breaking and entering a place with intent to commit an indictable offence, committing one after entering, or breaking out after doing so.

Possession of stolen property is not the same as theft. For example, someone accused of selling a stolen bicycle may not be alleged to have taken it, but the Crown may allege they knew or were reckless about how it was obtained. A Toronto break & enter lawyer can advise on allegations involving theft and other property offences.

What are the levels of theft charges?

The $5,000 threshold affects whether the allegation is theft under $5,000 or theft over $5,000 under section 334 of the Criminal Code. The value of the property can be disputed, particularly where police rely on a retail price, an estimate, or the value of used goods.

For a closer explanation of how value affects the charge, read about the levels of theft charges.

Theft vs. robbery in Canada

Theft vs robbery turns on violence, threats, assault, or being armed in the statutory circumstances: robbery is not simply theft where the owner is nearby. A confrontation may be important evidence, but it does not automatically establish robbery.

For example, quietly putting merchandise into a bag and leaving a store may lead to a theft allegation. If a person uses force to overcome a security guard while trying to keep the merchandise, police may instead investigate robbery.

What are three types of robbery?

Common descriptions are robbery, armed robbery, and robbery allegations arising from a home-invasion circumstance. The actual charge depends on the specific statutory facts, including the alleged violence, threats, weapon, and purpose.

The distinction can be legally significant, so a person should avoid trying to explain the event to police without advice.

Defences to theft: what the Crown must prove

Defences to theft often arise because the Crown cannot prove the prohibited act, the required intent, or identity beyond a reasonable doubt. The applicable defence depends on the disclosure and the actual facts, not simply on the label police put on the allegation.

A person may have had consent to take or use the property, honestly believed they had permission, or honestly believed the property was theirs. A genuine mistake can matter because theft requires the required intent; an ownership dispute or misunderstanding is not automatically a criminal theft.

Other issues can include unreliable surveillance footage, a witness who had only a brief view, incomplete transaction records, or a gap in the chain of custody for seized items. Where police obtained evidence through a breach of the Canadian Charter of Rights and Freedoms, a court may have to consider whether exclusion is appropriate under section 24(2).

For example, a warehouse employee charged after placing tools in their vehicle may have messages showing a supervisor allowed staff to borrow tools for weekend jobs. Those messages do not decide the case by themselves, but they may be important to the questions of consent and intent.

Evidence that can matter in a theft case

Receipts, messages, payment records, video, witnesses, and documents showing ownership or permission can all matter in a theft case. Preserve them promptly, because some surveillance systems overwrite footage within days or weeks.

• Save receipts, invoices, e-transfers, and account records.
• Keep texts, emails, workplace policies, and messages about permission or ownership.
• Write down the names and contact details of potential witnesses.
• Record the date, time, location, and existence of any video without editing or deleting anything.
• Do not contact witnesses to coordinate accounts, alter records, or try to obtain evidence improperly.

What does attempted theft mean?

Attempted theft means the allegation is that someone intended to commit theft and did something more than merely prepare, but the theft was not completed. The line between preparation and an attempt is fact-specific.

For example, entering a store and looking at merchandise is ordinarily preparation at most. Cutting a security tag and placing an item in a bag may lead police to allege an attempt even if the person is stopped before leaving, but the precise conduct and intent remain important.

What happens after a theft allegation in Ontario?

After a theft allegation in Ontario, do not give police a statement or explanation before getting legal advice, keep every release and court document, and have counsel obtain disclosure from the Crown. Early decisions can affect release conditions, evidence preservation, and how the case is approached.

A first appearance in the Ontario Court of Justice is generally administrative: the court confirms the charge, the case is put over as needed, and disclosure and representation are addressed. A lawyer can review the evidence, identify legal issues, and discuss available steps and resolution positions with the Crown prosecutor. For a fuller overview, see this information on theft charges in Ontario.

Frequently asked questions about theft

Is theft different from stealing?

No. Stealing is the ordinary term, while theft is the Criminal Code offence that has specific legal requirements.

What is the lowest theft charge?

There is no separate “lowest” theft offence based solely on a small value. Theft under $5,000 is a recognized charge category, but the facts, value, record, and Crown election can all matter.

What type of theft is most common?

Shoplifting and allegations involving workplace, personal, or retail property are commonly seen, but every case turns on its own evidence. The older term “larceny” is often used informally; see the explanation of larceny meaning.

Is possession of stolen property the same as theft?

No. Theft concerns taking or converting property, while possession of property obtained by crime concerns knowingly possessing, or being reckless about possessing, property obtained through crime. For other common questions, review the general criminal law faq.

Speak with a Toronto criminal defence lawyer

If you are accused of theft or police want to question you about property, prompt legal advice can help you understand your rights, preserve relevant evidence, and prepare for the next court step.

Call 647-351-HELP (4357) or book a free consultation to discuss your case with Jeffrey I. Reisman.