QUICK TAKEAWAY
Shoplifting: You will not find the term "shoplifting" in the Criminal Code though it is considered a form of theft that falls under s.322. Since the value of the items being stolen is usually less than $5,000, the charge is treated as a summary conviction by the courts, punishable by fines or periods of probation.
Table of Contents:
What is Shoplifting?
Shoplifting is when someone steals items from a merchant. Although the term is not used in the Criminal Code, the crime falls under theft in s.322 of the Code. Theft can be categorized in two ways depending upon the value of the items stolen: theft over $5,000 or theft under $5,000. Almost all shoplifting will fall in the second category. The most common items shoplifted are alcohol, clothing, jewellery, snacks and beauty products.
According to a report from Statistics Canada (Police-reported crime statistics in Canada,) in 2019, police reported more than 140,200 incidents of shoplifting of $5,000 or under. The Retail Council of Canada (Shoplifting and other petty-crime cases are being dropped by courts) estimates that merchants lose more than $5-billion annually to shoplifters.
Can I be Charged Before I Leave the Store?
Generally not. Even if store security sees you put an item in your pocket while shopping, most guards will wait until you leave the store before detaining you. That is because you could argue you were just carrying it in your pocket to bring it to the cashier.
If you leave the store carrying an item you have not paid for, you could be detained until the police arrive. Many stores have security cameras to aid in these investigations. Even if you aren’t detained after you leave the store, police can still release your image, asking for the public’s help in identifying you. Stores can also post images of shoplifters on their social media channels in an effort to track shoplifters down.
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove you are guilty of the offence beyond a reasonable doubtThe standard that must be exceeded to find someone guilty. That includes proving that an item was stolen and that you took it with the intention of not paying. Even if you are found with the item outside the store, you can argue the lack of payment was an oversight. Maybe you were distracted and forgot about the item as you left. Video footage and eyewitness accounts will be key in determining if your actions were accidental or deliberate.
Treated as a Hybrid Offence
Section 334 of the Code allows prosecutors to treat the crime of theft under $5,000 as an indictable offenceIndictable offences are more-serious criminal offences with a maximum penalty of a jail term not exceeding two years. However, in almost all shoplifting cases the crime will be treated as a summary convictionUsed for lesser offences and a lesser penalty handed out, usually in the form of fines and probation. But you will still have a criminal record that could limit your opportunities for employment or travel.
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Mousseau Deluca Mcpherson Prince Llp
M. Gordnerlaw Professional Corporation
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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.
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.
