Most people understand that theft is a criminal offence. But not all theft charges are treated the same way under Canadian law.
There is a significant legal difference between stealing a lower-value item and stealing property worth thousands of dollars. In Ontario, that dividing line is $5,000.
If you are facing a theft charge, understanding how your case is classified is critical to knowing what you are up against.
Theft Under Canadian Law
Under the Criminal Code of Canada, theft occurs when someone fraudulently and without colour of right takes, converts, or deprives the owner of property — either permanently or temporarily.
The law divides theft into two main categories:
- Theft under $5,000
- Theft over $5,000
The commonly used term “shoplifting” is not a legal charge. It typically refers to theft under $5,000, but the formal charge will simply be “theft under $5,000.”
It is also important to distinguish theft from other offences:
- Robbery involves the use or threat of force.
- Fraud involves deception or misrepresentation.
These offences carry different legal consequences.
Theft Over $5,000
Theft over $5,000 is considered a more serious offence under the Criminal Code. It is generally prosecuted as an indictable offence, meaning the potential penalties are higher.
Potential Consequences
- Maximum sentence of up to 10 years imprisonment
- Criminal record
- Employment and professional consequences
- Travel restrictions (including to the United States)
- Possible immigration consequences for non-citizens
If charged, you may be arrested and required to attend a bail hearing. Whether you are released depends on factors such as your criminal record, ties to the community, and the specific circumstances of the allegation.
In some cases, you may have the option to elect the mode of trial (judge alone or judge and jury). Strategic decisions like this should always be discussed with your defence counsel.
Sentencing Considerations
Courts consider a number of factors when determining sentence, including:
- The value of the property
- Whether the offence was planned or opportunistic
- Your prior criminal record (if any)
- Restitution or repayment
- Personal circumstances
A first-time offender is generally treated differently from someone with a significant criminal history.
Theft Under $5,000
Theft under $5,000 is a hybrid offence. This means the Crown can choose to proceed either by indictment (more serious) or summarily (less serious), depending on the facts of the case.
This charge is far more common in Ontario.
Common Examples
- Retail theft (shoplifting)
- Employee theft
- Package theft
- Gas theft
- Theft from shared spaces (locker rooms, gyms, workplaces)
Potential Penalties
If the Crown proceeds summarily, the maximum penalty is:
- Up to 2 years less a day in jail, and/or
- A fine
However, jail is not automatic — especially for first-time offenders.
In appropriate cases, it may be possible to pursue:
- Diversion programs
- Peace Bonds
- Conditional or absolute discharges
- Withdrawal of charges
A discharge means you would not have a criminal conviction registered against you, which can be extremely important for employment and travel.
Bail and Court Process
Being charged with theft does not automatically mean you will remain in custody. Many individuals are released with conditions.
Your first court appearance is not a trial. It is an administrative step in the process. Disclosure (the evidence against you) must be reviewed before any decisions are made about resolution or trial.
Each case is unique, and early legal advice can significantly affect how the matter proceeds.
Why Early Legal Advice Matters
The difference between theft under and theft over $5,000 can dramatically affect:
- Your exposure to jail
- Your ability to negotiate a resolution
- Your long-term criminal record
- Your immigration or professional status
Even where the evidence appears strong, there may be issues with identification, proof of value, ownership, or intent. In other cases, strategic negotiation may result in reduced charges or alternative resolutions.
Charged with Theft in Ontario?
Whether you are facing theft under $5,000 or theft over $5,000, the consequences can be serious — but a charge is not a conviction.
If you have been charged in Brampton, Peel Region, Halton, or the surrounding areas, obtaining experienced criminal defence representation as early as possible is critical to protecting your future.