Why Does It Seem Like People Can Steal Without Consequences in Canada?
A question from a reader:
"Why does it seem like people can steal from retail stores without facing any legal consequences, especially when the value is under $5,000? Honest customers are still expected to pay full price, while thieves appear to walk out without repercussions. Isn't theft supposed to be a crime in Canada? If retail theft isn't prosecuted, what's the point of having security guards? It feels like store staff or security can't even stop a thief without risking legal trouble themselves. How is this fair to the rest of us?"
Ref: Theft Laws in Canada
It’s a fair question—and one that reflects growing concerns among Canadians in all provinces, especially in urban centres where retail theft seems to be on the rise. At first glance, it can feel like shoplifting goes unchecked, while law-abiding customers are left to absorb the cost. But the full picture is more complex than that. This article takes a closer look at how the law actually works in Canada when it comes to theft under $5,000, and why enforcement often doesn’t look the way people expect.
Theft under $5,000 is still a crime—always has been
Let’s be clear about one thing up front - theft, no matter the dollar value, is a criminal offence in Canada.
The Criminal Code of Canada - which applies from coast to coast - defines theft under Section 322. In plain terms, if someone takes something that doesn’t belong to them, without permission and with the intention of keeping it, that’s theft. This includes everything from walking out of a store with a candy bar to shoplifting electronics, clothing, or cosmetics. The law doesn’t ignore small thefts - it just handles them differently depending on the situation.
When the value of stolen goods is under $5,000, the offence is charged under Section 334(b). This is known as a “hybrid offence,” meaning it can be treated more or less seriously depending on the circumstances. For example, someone with a long record or part of a theft ring might face harsher treatment than a first-time offender.
Here's what the law allows for theft under $5,000:
- Summary conviction: This is the less serious route. It can lead to fines, probation, or a short jail sentence (up to 2 years less a day).
- Indictable offence: In more serious cases, the Crown can proceed by indictment, allowing for higher penalties and a more formal court process.
- Criminal record: A conviction - even for a minor theft - can result in a permanent record that affects employment, immigration status, and travel.
There’s no provision in the Criminal Code that says stealing under $5,000 is acceptable. It is still a chargeable offence, and depending on the facts, it can carry lasting consequences. The confusion tends to come from how police and prosecutors choose to enforce the law - not from the law itself.
So why do some shoplifters seem to get away with it?
Law enforcement limitations
Police in many regions prioritize incidents involving immediate danger - violent crimes, burglaries, or threats. Low‑value retail theft may not warrant an immediate response unless the suspect is still on site or poses a risk.
Prosecutorial discretion
Crown prosecutors may decline charges in minor theft cases if the offender is young, first‑time, or if evidence is thin. Diversion programs (like restitution or community service) are frequently used instead of formal charges.
Store policies influence public perception
Many national retailers instruct staff and security not to physically intervene when theft is suspected. The reason: the risk of physical confrontation can outweigh the value of goods stolen, potentially exposing the business to liability or injury claims.
Security guards are trained and licensed, yet legally they remain private citizens under Canada’s criminal law. They may detain someone under Section 494 - often referred to under the Citizen’s Arrest framework - but only under very specific conditions: the offence must be obviously in progress or recent, the suspect must be detained immediately, law enforcement must be called right away, and any use of force must be reasonable. Exceeding those bounds can result in civil or criminal liability for both the guard and the store.
Does that mean shoplifters are never held accountable?
Not at all. There are still meaningful consequences for theft, even when enforcement isn’t always visible. Retailers track incidents internally, often using surveillance footage, digital tagging, and cross-location databases to identify repeat offenders. Police may not respond to every minor incident, but they do investigate patterns of organized retail theft, and in many provinces - including Alberta, Ontario, and B.C. - retailers partner with law enforcement to build cases against repeat or high-volume offenders.
If someone is charged with theft, even for a low-dollar amount, they face the possibility of a criminal record. That record can have long-term effects on employment, immigration, child custody, travel to the United States, and more. In some cases, stores may pursue civil action to recover losses. Even if criminal charges aren’t laid immediately, someone flagged by multiple stores or caught on video could be arrested days or weeks later. Simply put, there’s no guarantee that walking out of a store with unpaid merchandise means you’ve escaped legal consequences.
The public’s frustration is understandable
There’s no question that shoplifting places an unfair burden on paying customers. When theft increases, businesses respond by raising prices, locking up merchandise, reducing hours, or investing in costly surveillance systems - all of which ultimately affect law-abiding consumers. It’s frustrating to see someone appear to break the law without consequences, especially when most Canadians go out of their way to follow the rules.
But we should also be cautious about drawing conclusions from isolated incidents or social media clips. The justice system is designed to operate with balance, discretion, and procedural fairness. While that can sometimes feel slow or imperfect, it’s meant to uphold individual rights while maintaining public order. Reacting with force or attempting to intervene personally in a theft can lead to unintended legal consequences for customers or staff, even when the intent is to protect property.
What’s being done to improve enforcement?
Across Canada, retailers and police services are working to address the challenges of retail theft more strategically. Some cities have dedicated property crime units or “retail crime partnerships” where large stores and law enforcement share intelligence. Crown prosecutors may prioritize repeat offenders, organized crime rings, or thefts involving violence or weapons. There’s also increased use of electronic tagging, artificial intelligence surveillance tools, and corporate policies that focus on prevention, not just prosecution.
In the long term, effective solutions to retail theft involve not just enforcement, but broader investments in public safety, mental health, addiction treatment, and poverty reduction. Many lower-level thefts are driven by complex social factors, and a strictly punitive approach rarely addresses the root causes. That said, the law remains clear: theft under any amount is a criminal offence, and the system does respond—even if that response takes different forms depending on the situation.
Looking for answers about theft laws or criminal charges?
Understanding how criminal law applies to real-life situations isn’t always straightforward. If you or someone you know is dealing with a shoplifting charge, a wrongful accusation, or a criminal matter involving theft or property offences, speaking with a lawyer is a smart first step.
We encourage you to connect with a qualified criminal defence lawyer through our website. They can answer your questions, explain your options, and help you make informed decisions about your next steps.