Theft Charges in Ontario: Penalties and Defences Explained
Home >> Blogs >>theft charges ontario
Getting charged with theft in Ontario can feel overwhelming, whether it’s a shoplifting allegation from a retail store or a more serious property-crime charge. The good news is that theft charges are well understood in Canadian criminal law, and there are clearly defined penalty ranges and defence strategies that apply. This guide explains what a theft charge means under the Criminal Code of Canada, what penalties you’re realistically facing, and what happens next if you’ve been charged.
What Counts as Theft Under the Criminal Code of Canada?
Theft is defined under section 334 of the Criminal Code of Canada, and it covers any situation where someone dishonestly takes or converts property that isn’t theirs, intending to deprive the rightful owner of it. Importantly, Canadian law doesn’t have a separate charge called “shoplifting.” Taking merchandise from a store without paying is simply theft — the same charge that applies to taking property from a person, an employer, or anywhere else.
Theft is split into two tiers based on the value of the property involved:
- Theft under $5,000 (section 334(b)) — the most common charge, covering everything from shoplifting to workplace theft.
- Theft over $5,000 (section 334(a)) — a straight indictable offence, reserved for higher-value property crimes.
Theft under $5,000 is a hybrid offence, meaning the Crown prosecutor decides whether to proceed summarily (less serious) or by indictment (more serious), depending on the circumstances, the value involved, and the accused’s criminal history.
Penalties for Theft Charges in Ontario
The maximum penalties for theft under $5,000 depend entirely on how the Crown elects to proceed. There is no mandatory minimum sentence for most theft convictions, which gives the court and your lawyer meaningful room to negotiate an appropriate outcome.
Prosecution Route | Maximum Penalty | Criminal Record? |
Summary conviction (theft under $5,000) | Fine of up to $5,000 and/or up to 6 months in jail | Yes, if convicted |
Indictable offence (theft under $5,000) | Up to 2 years imprisonment | Yes, if convicted |
Theft over $5,000 (s. 334(a)) | Up to 10 years imprisonment (indictable) | Yes, if convicted |
In practice, most first-time, low-value theft charges are prosecuted summarily and resolved with a discharge, a fine, probation, or — in some cases — a peace bond that avoids a conviction entirely. A theft conviction can also carry consequences well beyond the courtroom, including potential difficulty travelling to the United States, since theft-related offences may be treated as a barrier to entry by U.S. border authorities.
Possible Defences to a Theft Charge
Every theft case turns on its specific facts, but several defence strategies come up repeatedly in Ontario courtrooms:
- Lack of intent or honest belief of entitlement: if you genuinely believed you had a right to the property (a “claim of right”), the Crown may not be able to prove the dishonesty element of theft.
- Mistaken identity: particularly relevant in retail theft cases relying on grainy security footage or brief eyewitness observations.
- Insufficient evidence: the Crown must prove every element of the offence beyond a reasonable doubt, including that the item was taken and that it wasn’t accidental or forgotten.
- Charter violations: if store security or police detained, searched, or questioned you unlawfully, evidence gathered as a result may be excluded from your trial.
- Alternative resolutions: for many first-time, low-value theft charges, a lawyer may be able to negotiate a diversion program, a conditional discharge, or a peace bond instead of a formal conviction.
Every case is different, and outcomes depend on the specific facts, the Crown’s evidence, and your record — no lawyer can promise a particular result before reviewing your file.
What to Do If You're Charged With Theft in Ontario
- Don’t discuss the incident with store loss-prevention staff, police, or on social media before speaking with a lawyer.
- Don’t sign any statement or admission presented to you at the store or by police.
- Attend every scheduled court date, whether at Old City Hall, 361 University Ave., Brampton, Ottawa, or your local courthouse.
- Speak with a criminal defence lawyer as early as possible, ideally before your first court appearance.
Theft charges are also frequently laid alongside, or resolved through, related processes — for example, some theft matters are ultimately settled with a peace bond instead of a conviction, while others result in a sentence that includes a period of probation. If your matter involves property damage in addition to theft, it may also overlap with mischief charges — see our Mischief Defence Lawyer page for more on how those charges are handled.
N Sandhu Law offers a free consultation to review the specific facts of your theft charge and walk you through your realistic options. As with all criminal matters, outcomes vary by case and no result can be guaranteed.
If you’re searching for a criminal lawyer toronto residents trust with theft and property crime matters, our team has represented clients across the GTA at every stage of the process, from first appearance through trial.
FAQs
Is theft under $5,000 a criminal offence in Ontario?
Yes. Theft under $5,000 is a hybrid criminal offence under section 334(b) of the Criminal Code of Canada, meaning it can be prosecuted either summarily or by indictment.
Will a theft charge show up on a criminal record check?
A charge on its own does not create a criminal record — only a conviction does. If your matter is withdrawn, discharged, or resolved through a peace bond, you may avoid a criminal record entirely.
Can a first-time theft charge be resolved without a criminal record?
Often, yes. Depending on the value involved and your record, options like diversion programs, conditional discharges, or peace bonds may be available and can help you avoid a formal conviction.
What’s the difference between theft and shoplifting?
There is no separate “shoplifting” offence in Canadian law. Taking merchandise from a store without paying is prosecuted as theft under section 334 of the Criminal Code, the same provision that applies to other forms of theft.