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 possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. 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.

To win a conviction for mail theft or the related offences, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. 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.

Mail theft is treated as a hybrid offenceAn offence the Crown can proceed with summarily or by indictment.. 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 offenceA more serious type of Canadian criminal offence. include murder, sexual assault and aggravated assault and carry much harsher penalties upon conviction.

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.

Mail theft under s. 356 is broader than simply taking mail from a mailbox. It can include stealing things in the postal stream, stealing mail bags or Canada Post keys, copying or using mail-access keys for that purpose, possessing things connected to mail theft, or fraudulently redirecting mail.