QUICK TAKEAWAY
Shoplifting (Youth): The Retail Council of Canada estimated that shoplifting accounted for $5 billion in losses for merchants in 2018. Shoplifting is considered a form of theft and is covered under s.322 of the Criminal Code. The charge you face and the penalty you receive will depend on the stolen item's value. Under the Code, theft under $5,000 can result in probation. The maximum sentence for theft over $5,000 is 10 years in prison. If you are between the ages of 12 and 18 and charged with theft, it can be dealt with in various ways under the Youth Criminal Justice Act (YCJA). For minor offences, your case may be handled outside Youth Court. A Youth Court judgeAn judge who conducts youth court proceedings can sentence you as an adult for larger thefts.
Table of Contents:
What is Shoplifting?
If you steal property from a merchant, you have committed shoplifting. The term is not used in the Criminal Code. It is classified as theft under s.322 and covered under Part IX of Offences Against Rights of Property. It is illegal to "fraudulently and without colour of rightThe honest belief that an act is justifiable "take someone's property" whether animate or inanimate." Even if you only want to possess an item temporarily, you can still face charges. Shoplifted items can be as small as a candy bar, but they can still lead to charges. Common items shoplifted are clothing, beauty products, jewelry, snacks and alcohol. There are two charges dealing with the offence: theft over $5,000 or theft under $5,000. The majority of shopliftingTaking an item from a merchant without payment cases fall into the second category.
Can You be Charged Before Leaving the Store?
In most cases, if store security sees you putting an item in your pocket while shopping, they will wait until you have left the store to detain you, eliminating the argument that you put it in your pocket to bring it to the cashier. Once you leave the store with an unpaid item, you can be detained until the police arrive to lay a charge.
What is Needed to Convict
To win a conviction for theft, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must demonstrate your guilt beyond a reasonable doubtThe standard that must be exceeded to find someone guilty. That includes proving that you took something with the intention of not paying. Even if you were caught outside a store with an unpaid item, it doesn’t necessarily mean you are guilty of theft. It may be able to prove you were distracted and forgot you had the property. Testimony from an eyewitness or surveillance footage may help determine if your actions were accidental or deliberate.
Indictable Offence or Summary Conviction
When prosecuting a theft charge, the Crown can proceed as an indictable offenceIndictable offences are more-serious criminal offences or summary convictionUsed for lesser offences under s.344 of the Criminal Code. The Crown will consider the value of the property stolen and your prior criminal record. A conviction for an indictable offence carries more serious penalties.
Penalties for Shoplifting
An adult convicted of theft over $5,000 can face a maximum 10-year prison sentence. Most shoplifting offences involve property valued at under $5,000 and can result in a maximum of two years less a day in jail if you are sentenced as an adult.
The judge has several options if you are facing sentencing under the YCJA. Under the Act, the purpose of sentencing is to hold a young person accountable “through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.”
Your case may be handled outside the formal court process. If your offence was relatively minor, extrajudicial measuresProceedings outside the formal court process could be used. However, if your case is not resolved through extrajudicial measures, it will be dealt with in Youth Court.
The YCJA states less serious offences should result in less severe consequences, and any sentence must:
- not be more severe than what an adult would receive for the same offence;
- be similar to youth sentences in similar cases;
- be proportionate to the seriousness of the offence and the degree of responsibility of the young person;
- be within the limits of a proportional response: (a) be the least restrictive alternative, (b) be the sentencing option that is most likely to rehabilitate and reintegrate the young person, and (c) promote in the young person a sense of responsibility and an acknowledgement of the harm done by the offence.
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Sullivan Mahoney Llp
Keshav Agnihotri Barrister, Solicitor & Notary
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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.
Extrajudicial measures
Proceedings outside the formal court process. Examples include police warnings, referrals to community programs and Crown cautions. Extrajudicial measures are seen as an effective response to less serious youth crime.
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."
Shoplifting
Intentionally taking an item from a merchant without paying for it. It is a form of theft and offenders can be charged.
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.
