QUICK TAKEAWAY
Possession of Stolen Goods: While theft is a universally understood crime, not everyone knows that it is illegal to acquire stolen or illegally obtained goods. You can be charged under Section 354 (1) of the Criminal Code if you buy or obtain items that are stolen or that you should have known were likely stolen. The penalties range up to 10 years if you have more than $5,000 of stolen items or 14 years if you are trying to sell those goods to others.
Table of Contents:
What is Possession of Property Obtained by Crime?
Section 354 (1) of the Criminal Code makes it an offence to be in the possession of any item obtained through a criminal act, such as theft. For example, if you know someone is stealing from their employer at an electronic store and you buy a television from them, you could be charged with being in possession of stolen property.
Even if you are uncertain the item was stolen, you can still be charged. For example, if a stranger in a van offers to sell you a television at a deeply discounted price, the courts will consider you wilfully blind if you buy the item then later claim you did not know it was stolen. The "should have known" standard can also work to your advantage. If you go into a legitimate store that sells used items and buy a television, you cannot be charged with possessing stolen property, even if later is shown to be stolen.
A related crime is s.355.2 of the Code that makes it illegal to traffic in property obtained by crime. You can be charged under this section if you try to resell anything obtained through a criminal action.
What is Needed to Convict
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 that you were in possession of the stolen property and that you knew – or ought to have known – that it was obtained through crime. Keep in mind that to be found guilty of possession of stolen property you do need to have it in your immediate possession. Under Canadian law, “possession” means that you had some knowledge and control of the item, even if it was in a different location.
Treated as a Summary Conviction or Indictable Offence
Possession of property obtained by crime is a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence, allowing the Crown to proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences or by summary convictionUsed for lesser offences. If you are found guilty of an indictable offence you will face penalties that are more severe than if you are being sentenced for a summary conviction.
Penalties for Possession of Property Obtained by Crime
If you are found in possession of stolen property worth more than $5,000, the Crown can treat that as an indictable offence punishable by a maximum prison term of 10 years, with lesser penalties given if it is treated as a summary conviction. If you are found with less than $5,000 of stolen material worth, the maximum penalty for an indictable offence is two years less a day in jail, with more moderate penalties given if the charge is treated as a summary conviction.
If you are charged with trafficking more than $5,000 in stolen items, that is always treated as an indictable offence with a maximum penalty of 14 years in prison. If you are charged with trafficking less than $5,000 of items, the Crown can prosecute it as an indictable offence with a five-year maximum prison sentence, with less severe penalties if the charge is treated as a summary conviction.
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Catherine Wu Law Office
Matt Milczarczyk Lawyer
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Cooper Lord, Barrister & Solicitor
Eric Uhlmann, Criminal Defence Lawyer
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 conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
