Theft (Offence)
This page was last substantively updated or reviewed January 2020. (Rev. # 90986) |
Theft | |
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s. 322 and 334(a), (b) of the Crim. Code | |
Election / Plea | |
Crown Election | Hybrid / Indictable summary proceedings must initiate within 12 months of the offence (786(2)) |
Jurisdiction | Varies |
Summary Dispositions | |
Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
Minimum | None |
Maximum | 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019) |
Indictable Dispositions | |
Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
Minimum | None |
Maximum | 2 years incarceration (under) 10 years incarceration (over) |
Reference | |
Offence Elements Sentence Digests |
Overview
Offences relating to theft are found in Part IX of the Criminal Code relating to "Offences Against Rights of Property".
- Pleadings
Offence Section |
Offence Type |
Crown Election | Defence Election s. 536(2) |
Preliminary Inquiry |
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s. 334(a) [theft over $5,000] | Indictable Offence(s) | ![]() |
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s. 334(b) [theft not exceeding $5,000] | Hybrid Offence(s) | ![]() |
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Offences under s. 334(a) [theft over $5,000] are straight indictable. There is a Defence election of Court under s. 536(2) to trial in provincial court, superior court with a judge-alone or superior court with judge-and-jury.
Offences under s. 334(b) [theft not exceeding $5,000] are absolute jurisdiction offences under s. 553(a) and so does not have a defence election of court. It must be tried by a provincial court judge. There is however a Crown election.
- Release
Offence(s) | Appearance Notice by Peace Officer s. 497 |
Summons by Judge or Justice s. 508(1), 512(1), or 788 |
Release by Peace Officer on Undertaking s. 498, 499, and 501 |
Release By a Judge or Justice on a Release Order s. 515 to 519 |
Direct to Attend for Fingerprints, etc. Identification of Criminals Act s. 2 ID Crim. Act |
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s. 334(a) [theft over $5,000] | ![]() |
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s. 334(b) [theft not exceeding $5,000] | ![]() |
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When charged under s. 334(a) [theft over $5,000], the accused can be given a judicial summons without arrest. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.
When charged under s. 334(b) [theft not exceeding $5,000] , the accused can be given an appearance notice without arrest under s. 497 or a summons. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.
- Reverse Onus Bail
If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:
- while at large under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i));
- "for the benefit of, at the direction of, or in association" with a criminal organization (s. 515(6)(a)(ii));
- where the offence involved a weapon, being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or
- where the accused is not "ordinarily a resident in Canada" (s. 515(6)(b)).
And, regardless of Crown election, if the offence alleged was one:
- where the offence was an allegation of violence against an "intimate partner" and the accused had been previously convicted of an offence of violence against an "intimate partner" (s. 515(6)(b.1));
- where the offence alleged is a breach under s. 145(2) to (5) while (s. 515(6)(c));
- where the offence committed (or conspired to commit) was an offence under s. 5 to 7 of the CDSA that is punishable by life imprisonment (s. 515(6)(d));
A peace officer who charges a person under s. 334(a) and (b) of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.
- Publication Bans
For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 486.5(1) where it is "necessary" for the "proper administration of justice". Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.
- Offence Designations
Offence(s) | Wiretap Eligible s. 183 |
Dangerous Offender Designated Offence s. 752 |
Serious Personal Injury Offence s. 752 |
AG Consent Required | Serious Criminality Offence s. 36 IRPA |
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s. 334(a) [theft over $5,000] | ![]() |
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s. 334(b) [theft not exceeding $5,000] | ![]() |
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Offences under s. 334 are designated offences eligible for wiretap under s. 183.
See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.
Offence Wording
- Theft
322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
- (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
- (b) to pledge it or deposit it as security;
- (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
- (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
- Time when theft completed
(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
- Secrecy
(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
- Purpose of taking
(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
[omitted (5)]
R.S., c. C-34, s. 283.
- Punishment for theft
334 Except where otherwise provided by law, every one who commits theft
- (a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
- (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
- (ii) an offence punishable on summary conviction; or
- (b) if the value of what is stolen is not more than $5,000, is guilty
- (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (ii) of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 334; R.S., 1985, c. 27 (1st Supp.), s. 43; 1994, c. 44, s. 20; 2019, c. 25, s. 122.
- Theft and possession
657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.
- Accessory after the fact
(2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.
1997, c. 18, s. 80.
Telecommunications
- Theft of telecommunication service
326 (1) Every one commits theft who fraudulently, maliciously, or without colour of right,
- (a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or
- (b) uses any telecommunication facility or obtains any telecommunication service.
(2) [Repealed, 2014, c. 31, s. 14]
R.S., 1985, c. C-46, s. 326; 2014, c. 31, s. 14.
Proof of the Offence
Generally
Proving theft under s. 322 should include:
Proving theft of testamentary instrument under s. 322 should include:
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Proving theft of telecommunications under s. 326 should include:
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Shoplifting
In a case of shoplifting, Proving theft should include, in addition to the general elements of proof:
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- ↑ see R v Parkes, 2012 SKQB 164 (CanLII), 396 Sask R 201, per Acton J, at para 40
Draft Form of Charges
Pre-ambles | ||
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"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"AND FURTHER at the same time and place aforesaid, he [or she]..." | ||
Code Section | Subject of Offence | Draft Wording |
334 | theft | "..., did commit theft, to wit: [particulars], contrary to section 334 of the Criminal Code." |
Interpretation of the Offence
In a theft case the crown must prove a specific intent of the accused to deprive its owner of the property.[1]
The offence of theft when in the context of shop-lifting is complete even before the accused leaves the store. By picking up the item with the requisite intent to steal is sufficient to make out the offence in its entirety.[2]
Theft can occur where the accused is given money for one known purpose and intentionally uses the money for another purpose.[3]
Returning the item stolen can still amount to a theft.[4]
A pickpocket has completed the act of attempted theft once they put their hand in the victim's pocket. It makes no difference if the pocket was empty.[5]
- De Minimus
The theft of a "handful" of nuts from a grocery store was not sufficiently serious for a conviction.[6]
- ↑ see R v LaFrance, 1973 CanLII 35 (SCC), [1975] 2 SCR 201, per Martland J
- ↑ eg. R v Beales, 2012 CanLII 582 (NL PC), per Gorman J, at paras 20 to 22
- ↑
R v Link, 2013 SKQB 138 (CanLII), 418 Sask R 242, per Ball J, at para 8
R v Skalbania, 1997 CanLII 337 (SCC), [1997] 3 SCR 995, per McLachlin J
R v Bast, 1989 CanLII 4796 (SK CA), 79 Sask R 141, [1989] S. J. No. 558 (Sask. Q.B.), per Halvorson J, at para 73
- ↑ R v Kosh, 1964 CanLII 361 (SK CA), [1965] 1 CCC 230 (Sask CA), per Culliton CJS
- ↑ R v Scott, 1963 CanLII 690 (AB CA), 2 CCC 257, per Macdonald JA
- ↑
R v Fowler, 2009 SKPC 114 (CanLII), 344 Sask R 56, per Harradence J
see also De Minimus Non Curat Lex
Steal and Theft
2 In this Act,
...
"steal" means to commit theft;
...
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1; 2022, c. 17, s. 1.
It is possible to infer theft by way of proving a mysterious disappearance.[1]
- ↑ e.g. R v Paul, 1975 CanLII 185 (SCC), [1977] 1 SCR 181, per Ritchie J
Fraudulently
"Fraudulently" refers to the "knowledge that the thing taken is the property of another person."[1]
- ↑
R v Link, 2013 SKQB 138 (CanLII), 418 Sask R 242, per Ball J, at para 7
R v Lafrance, 1973 CanLII 35 (SCC), [1975] 2 SCR 201, per Martland J, at para 17
R v Skalbania, 1997 CanLII 337 (SCC), [1997] 3 SCR 995, per McLachlin J, at p. 997
"Colour of Right"
Subject Matter of Theft
The provision states that "anything" can be the subject of theft. This term was interpreted broadly as including both tangibles and intangibles. The subject of theft must be:[1]
- be property of some sort
- property capable of being
- taken or
- converted
- taken or converted in a way that the owner is deprived of the property in some way.
Confidential information cannot be the subject of theft as the owner is not deprived of the subject.[2] Nor can computer data.[3]
- ↑
R v Stewart, 1988 CanLII 86, [1988] 1 SCR 963, per Lamer J, at para 41
cf. R v Cisar, 2014 ONCA 151 (CanLII), 307 CCC (3d) 336, per Rosenberg JA (3:0) - ↑
Stewart, ibid.
R v Alexander, 2006 CanLII 26480 (ON SC), OTC Uned 715, per T Ducharme J
- ↑ R v Maurer, 2014 SKPC 118 (CanLII), 447 Sask R 76, per Metivier J
- Ownership of Wild Creatures
- Theft
322
[omitted (1), (2), (3) and (4)]
- Wild living creature
(5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.
R.S., c. C-34, s. 283.
Theft of Telecommunications Services (s. 326)
The term "fraudulently" within the meaning of s. 326 connotes "an intentional and deliberate taking service that was not the accused's to obtain".[1]
- Examples
The operator of a grow op does not have sufficient mens rea for theft where they are merely aware of the existence of a "bypass" device.[2]
The use of a device that "prefect[s] reception" of pay-TV signal that was overwise accessible to non-paying members of the public, is not an offence.[3]
- ↑ R v He, 2008 BCCA 418 (CanLII), 237 CCC (3d) 1, per Bauman JA, at para 70
- ↑ He, ibid.
- ↑ R v Miller, 1984 ABCA 155 (CanLII), 12 CCC (3d) 466, per McClung JA
Misc Issues of Proof
- s. 491.2(1) -- photographic evidence
- s. 657.1(1) -- Proof of ownership and value of property
Defences
Typical defences will include claims such as:
- the accused paid for the property (colour of right)
- the accused was given the property (colour of right)
- the accused honestly but mistakenly believed the property was theirs (honest but mistaken belief)
- the accused forgot they were in possession of it (honest but mistaken belief)
Participation of Third Parties
- Testimonial Aids
Certain persons who testify are entitled to make application for the use of testimonial aids: Exclusion of Public (s. 486), Use of a Testimonial Screen (s. 486), Access to Support Person While Testifying (s. 486.1), Close Proximity Video-link Testimony (s. 486.2), Self-Represented Cross-Examination Prohibition Order (s. 486.3), and Witness Security Order (s. 486.7).
A witness, victim or complainant may also request publication bans (s. 486.4, 486.5) and/or a Witness Identity Non-disclosure Order (s. 486.31). See also, Publication Bans, above.
- On Finding of Guilt
Offence(s) | Victim Notice of Agreement s. 606(4.1) [SPIO] |
Victim Queried for Interest in Agreement s. 606(4.2) [5+ years] |
Victim Notice for Restitution s. 737.1 |
Victim Notice of Impact Statement s. 722(2) |
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s. 334(a) [theft over $5,000] | ||||
s. 334(b) [theft not exceeding $5,000] |
Under s. 738, a judge must inquire from the Crown before sentencing whether "reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages".
Under s. 722(2), the judge must inquire "[a]s soon as feasible" before sentencing with the Crown "if reasonable steps have been taken to provide the victim with an opportunity to prepare" a victim impact statement. This will include any person "who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss" as a result of the offence. Individuals representing a community impacted by the crime may file a statement under s. 722.2.
Sentencing Principles and Ranges
- Maximum Penalties
Offence(s) | Crown Election |
Maximum Penalty |
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s. 334(a) [theft over $5,000] | N/A | 10 years incarceration |
s. 334(b) [theft not exceeding $5,000] | summary election | 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019) |
s. 334(b) [theft not exceeding $5,000] | indictable election | 5 years incarceration |
Offences under s. 334(a) [theft over $5,000] are straight indictable. The maximum penalty is 10 years incarceration.
Offences under s. 334(b) [theft not exceeding $5,000] are hybrid. If prosecuted by indictment, the maximum penalty is 5 years incarceration. If prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019).
- Minimum Penalties
These offences have no mandatory minimum penalties.
- Available Dispositions
Offence(s) | Crown Election |
Discharge s. 730 |
Suspended Sentence s. 731(1)(a) |
Stand-alone Fine s. 731(1)(b) |
Custody s. 718.3, 787 |
Custody and Probation s. 731(1)(b) |
Custody and Fine s. 734 |
Conditional Sentence (CSO) s. 742.1 |
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s. 334(b) [theft not exceeding $5,000] |
any | ![]() |
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s. 334(a) [theft over $5,000] |
N/A | ![]() |
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Offences under s. 334(a) [theft over $5,000] are ineligible for a conditional sentence order, when prosecuted by indictment, as the offence is enumerated as ineligible under s. 742.1(f).
- Consecutive Sentences
There are no statutory requirements that the sentences be consecutive.
Principles
A common offence in most provincial courts. The range of sentences for low end offences range from discharges for first time offenders, fines ($100 to 400), suspended sentence with probation, or short and sharp periods of imprisonment where there is a prior related criminal record.[1]
- ↑
e.g. see R v Prowse, 1998 CanLII 18024 (NL CA), 517 APR 289, per Mahoney JA
R v CC, 2012 CanLII 16721 (NLPC), , [2012] NJ No. 121 (P.C.), per Gorman J
R v Reid, 2012 CanLII 25696 (NLPC), , [2012] NJ No. 164 (P.C.), per Gorman J
Employee Theft
The goals of denunciation and deterrence require that absent exceptional circumstances, the sentence should include imprisonment. [1]
Offences involving theft of large amounts from an employer by an employee will usually result in a sentence of incarceration.[2] Where exceptional circumstances exist, a conditional sentence may be appropriate.[3]
Theft of money by person who are entrusted with it in the course of his employment amounts to a abuse of trust within the meaning of s. 718.2(a)(iii).[4]
- ↑ R v Fulcher, 2007 ABCA 381 (CanLII), 228 CCC (3d) 105, per Cote JA, at para 30 ("[A]bsent truly exceptional circumstances, the sentencing goals of deterrence and denunciation demand a sentence of imprisonment rather than the imposition of a conditional sentence for crimes of embezzlement or theft by an employee.")
- ↑ Fulcher, supra, at para 30
- ↑ R v Nguyen, 2011 ABCA 300 (CanLII), 530 WAC 399, per Costigan JA
- ↑
Veno v R, 2012 NBCA 15 (CanLII), 995 APR 126, per Richard JA, at para 13
R v Chaulk, 2005 NBCA 86 (CanLII), 200 CCC (3d) 442, per curiam
R v McKinnon, 2005 ABCA 8 (CanLII), [2005] AJ No 12, per Cote JA -- embezzlement by a bookkeeper
R v Holmes, 1999 ABCA 228 (CanLII), 237 AR 146, per curiam -- bank manager stealing from accounts
R v Reid, 2004 YKCA 4 (CanLII), 194 BCAC 18, per Hall JA -- cashier stealing from employer
R v Pierce, 1997 CanLII 3020 (ON CA), , [1997] O.J. No. 715 (CA), per Finlayson JA -- comptroller sealing from employer
R v Dobis, 2002 CanLII 32815 (ON CA), , [2002] O.J. No. 646 (CA), per MacPherson JA -- fraud by accounting manager
R v Clarke, 2004 CanLII 7246 (ON CA), , [2004] O.J. No. 3438 (CA), per curiam -- bank telephone agent stealing from accounts
R v Bowes (J.M.)155 NBR (2d) 321 (CA)(*no CanLII links) -- lawyer stealing trust funds
Shoplifting
Shoplift offences have been called "low level crimes of opportunity".[1]
In most cases of shoplifting, without a prior record, the court will order discharges, suspended sentences or fines.[2]
- ↑
R v Rumsey, 2015 CanLII 5798 (NLPC), , [2015] NJ No. 46, per Skanes J, at para 19
R v Lush, 2017 CanLII 21181 (NL PC), per Marshall J, at para 78
- ↑
R v Symes, 2017 CanLII 29918 (NLPC), , [2017] NJ No. 53 (NLPC), per Porter PCJ, at para 17 ("Most shoplifting offences are dealt with by discharges, suspended sentences, or fines...")
Factors
Aggravating Factors
- criminal record for similar offences
- breach of trust
- lack of recovery of items
- inability to compensate owner
Other Factors
- history of alcohol or substance abuse
Ranges
- see also: Theft (Sentencing Cases)
In Newfoundland and Labrador, the range of sentence of retail thefts under $5,000 (ie. shoplifting) will vary between a discharge to "several months to a year" where there is a previous related record.[1]
- ↑
R v Glasco, 2009 CanLII 2685 (NL PC), per Orr J, at para 30
R v Pardy, 2016 CanLII 24209 (NLSCTD), per Handrigan J, at para 10
R v Symes, 2017 CanLII 29918 (NL PC), [2017] NJ No. 53, per Porter PCJ, at para 17 ("Most shoplifting offences are dealt with by discharges, suspended sentences, or fines. Recidivists are often sentenced to “short, sharp” periods of incarceration. ")
R v Sutherland, 2014 CanLII 37667 (NLPC), , [2014] NJ No. 228, per Gorman PCJ, at para 19
Ancillary Sentencing Orders
- Offence-specific Orders
Order | Conviction | Description |
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DNA Orders | s. 334(a) [theft over $5,000] |
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- General Sentencing Orders
Order | Conviction | Description |
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Non-communication order while offender in custody (s. 743.21) | any | The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them. |
Restitution Orders (s. 738) | any | A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403. |
Victim Fine Surcharge (s. 737) | any | A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100). |
- General Forfeiture Orders
Forfeiture | Conviction | Description |
---|---|---|
Forfeiture of Proceeds of Crime (s. 462.37(1) or (2.01)) | any | Where there is a finding of guilt for an indictable offence under the Code or the CDSA in which property is "proceeds of crime" and offence was "committed in relation to that property", the property shall be forfeited to His Majesty the King on application of the Crown. NB: does not apply to summary offences. |
Fine in Lieu of Forfeiture (s. 462.37(3)) | any | Where a Court is satisfied an order for the forfeiture of proceeds of crime under s. 462.37(1) or (2.01) can be made, but that property cannot be "made subject to an order", then the Court "may" order a fine in "an amount equal to the value of the property". Failure to pay the fine will result in a default judgement imposing a period of incarceration. |
Forfeiture of Weapons or Firearms (s. 491) | any | Where there is finding of guilt for an offence where a "weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of [the] offence and that thing has been seized and detained", or "that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance has been seized and detained, that the item be an enumerated weapon or related item be connected to the offence", then there will be a mandatory forfeiture order. However, under s. 491(2), if the lawful owner "was not a party to the offence" and the judge has "no reasonable grounds to believe that the thing would or might be used in the commission of an offence", then it should be returned to the lawful owner. |
Forfeiture of Offence-related Property (s. 490.1) | any | Where there is a finding of guilt for an indictable offence, "any property is offence-related property" where (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed, (b) that is used in any manner in connection with the commission of such an offence, or (c) that is intended to be used for committing such an offence". Such property is to be forfeited to Her Majesty in right of the province. NB: does not apply to summary offences. |
Record Suspensions and Pardons
Convictions under s. 334 are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may not have the record suspended where the offender was (1) convicted of 3 or more offences with a maximum penalty of life, and (2) for each 3 offences he "was sentenced to imprisonment for two years or more".
See Also
- Offences
- References
Other Forms of Theft
Sections 323 to 333 provide for more specific instances and exclusions from theft:
- theft from oyster beds (s. 323)
- theft by bailee of things under seizure (s. 324)
- exception when agent is pledging goods (s. 325)
- theft of telecommunications service (s. 326)
- possession of device to obtain telecommunication facility or service (s. 327)
- theft by or from person having special property or interest (s. 328)
- theft by person required to account (s. 330)
- theft by person holding power of attorney (s. 331)
- misappropriation of money held under direction (s. 332)
- exception for ore taken for exploration or scientific research (s. 333)
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- Level One
- Criminal Law
- Sentencing
- Offences
- Offences Punishable on Summary Conviction
- Offences with Maximum Penalty of 2 Years Less a Day
- Absolute Jurisdiction Offences
- Wiretap Eligible Offences
- 1985, c. C-46
- 1985, c. 27 (1st Supp.)
- 1994, c. 44
- 2019, c. 25
- 1997, c. 18
- 2014, c. 31
- 1985, c. 11 (1st Supp.)
- 1985, c. 31 (1st Supp.)
- 1985, c. 1 (2nd Supp.)
- 1985, c. 27 (2nd Supp.)
- 1985, c. 35 (2nd Supp.)
- 1985, c. 32 (4th Supp.)
- 1985, c. 40 (4th Supp.)
- 1990, c. 17
- 1991, c. 1
- 1991, c. 40
- 1991, c. 43
- 1992, c. 20
- 1992, c. 51
- 1993, c. 28
- 1993, c. 34
- 1995, c. 29
- 1995, c. 39
- 1997, c. 23
- 1998, c. 30
- 1999, c. 3
- 1999, c. 5
- 1999, c. 25
- 1999, c. 28
- 2000, c. 12
- 2000, c. 25
- 2001, c. 32
- 2001, c. 41
- 2002, c. 7
- 2002, c. 22
- 2003, c. 21
- 2004, c. 3
- 2005, c. 10
- 2005, c. 38
- 2005, c. 40
- 2006, c. 14
- 2007, c. 13
- 2012, c.1
- 2012, c. 19
- 2013, c. 13
- 2014, c. 17
- 2014, c. 23
- 2014, c. 25
- 2015, c. 3
- 2015, c. 13
- 2015, c. 20
- 2018, c. 21
- 2019, c. 13
- 2022, c. 17
- Offences Requiring Notice to Victim
- Offences with Maximum Penalty of 10 Years
- Offences with Maximum Penalty of 5 Years
- Straight Indictable Offences
- Hybrid Offences
- Offences with No Mandatory Minimum
- Secondary Designated Offences for DNA Orders
- Property Offences