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Mail Theft: Although it may seem to be an insignificant crime to some, mail fraud can land you in jail for up to 10 years. Police report that stolen mail can be used in identity theft scams. As well, credit cards can be stolen and cheques can be taken and altered before being cashed. Every year, mail theft rings are responsible for breaking into Canada Post mailboxes. Mail and packages are also taken from residential mailboxes. Under s.356 of the Criminal Code anyone who steals anything sent by post faces conviction.
Table of Contents:
What is Mail Theft?
Mail theft is a common occurrence, especially around the traditional Christmas holiday season when more people send gifts or money through Canada Post. Community mailboxes, Canada Post receptacles and house and apartment mail boxes are commonly targeted by thieves. Thieves are generally looking for cash, credit cards, bank cards or cheques. They can also use personal information contained in bills to create fake identities.
The offence is covered by Part IX of Offences Against Rights of Property. Under s.356 (1) of the Criminal Code you will face charges if you steal anything sent by post, either after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the person it was intended for.
If you steal a Canada Post bag, sack or other container used to convey mail you can also be charged, even if it didn't contain mail. The offence goes beyond the actual theft of mail. You could also face trial if you make, possess or use a copy of a key to unlock a receptacle or device used for mail. It is also a crime to fraudulently redirect or have a hand in redirecting anything sent by post.
What is Needed to Convict
To win a conviction for mail theft or the related offences, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty you were in possession of mail or keys used to access Canada Post receptacles. Many homes and buildings now have security cameras intended to prevent the theft of parcels, and surveillance footage may be available to be used as evidence.
Identity could be an issue. Your defence lawyer may be to establish that you are not the person on the surveillance footage. You may also be able to argue that police have exceeded their powers and violated your rights under the Canadian Charter of Rights and Freedoms. You have the right to be free from unreasonable police searches. You have the right to know when you are being arrested. You have the right to a lawyer. These are rights that can impact your case.
Treated as a Summary or Indictable Offence
Mail theft is treated as a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence. How the Crown decides to proceed will depend on the seriousness of the offence, the number of victims and if you have a criminal record. A Summary offenceLess-serious criminal offences is for less serious crimes such as thefts under $5,000, while an indictable offenceIndictable offences are more-serious criminal offences include murder, sexual assault and aggravated assault and carry much harsher penalties upon conviction.
Penalties for Mail Theft
There are no mandatory minimums for committing mail theft. If the Crown elects to proceed by indictment, you could face a maximum prison term of 10 years. You will also have a criminal record.
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Terry S. Guerriero, Barrister And Solicitor
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary offence
Summary offences are less-serious criminal offences such as disturbing the peace or unlawful assembly