Select the City closest to you

Theft Laws in Canada

Part VIII of the Criminal Code / Against the Person and Reputation

Theft: Taking Property Without Consent

If you have been charged with a crime in Ottawa, you should consult with a criminal defence lawyer in your area

Insights from Ottawa Lawyer, Céline Dostaler

Defences Against Theft Charges

If you are facing theft charges, your defense will depend on the circumstances and evidence. Some factors that can influence the outcome include your criminal record, the value of the stolen property, if a position of trust was violated, and if you have made restitution or expressed remorse. Some common defenses include lack of mental intention, belief that you had the right to possess the item, unclear identification, claiming ownership of the item, being under duress, and police misconduct in gathering evidence. An experienced criminal lawyer can help you navigate these defenses and build the strongest case possible.

Theft in Ottawa, Ontario - Glossary of Terms

Glossary of Legal Terms

Colour of right

A defence to certain charges, it is the honest belief that an act is justifiable. In cases of theft, it refers to an honest belief or mistake regarding the ownership of property.

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.

Power of attorney

A legal document giving one person, or more than one person, the authority to manage your money and property on your behalf. In most of Canada the person you appoint is called an “attorney.” That person does not need to be a lawyer.

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.

Theft in Ottawa, Ontario - Referenced Links