Shoplifting and Petty Theft in Ontario

The short answer

Canada has no offence called "petty theft," so shoplifting is charged as theft under $5,000 under the Criminal Code. Even when the amount is small, it is still a criminal charge that can lead to a record. However, for a low-value first offence, the Crown often offers diversion, and once you complete the diversion task, the charge is withdrawn without a conviction. How you handle the first few weeks after the incident can make a real difference to whether that option is offered.

What happens after you are caught

When store staff believe someone has shoplifted, they may detain that person until police arrive. Under Canadian law, store staff can arrest someone they find committing an offence on the property. Police may then release you with an appearance notice or another release document that lists a court date, along with a separate date to attend for fingerprints and photographs.

At your first court date, your lawyer can ask the Crown whether diversion is available in your case. Treat the fingerprint date exactly like a court date, because missing it is a separate criminal offence and can make diversion much less likely.

Talking to security and police

You do not have to explain yourself to store staff or police, and anything you say can be used as evidence against you later. If you are arrested, you have the right to speak to a lawyer without delay. The safest approach is to stay calm and polite, give your name if police ask for it, and say that you want to speak to a lawyer before answering any questions.

What the evidence usually looks like

In most shoplifting cases, the Crown relies on store video footage, a loss prevention officer's notes and written statement, the recovered items with a list of their prices, and anything you said or wrote while you were at the store.

Video footage and security notes are often incomplete. For example, the video may not show the moment an item went into a bag, or what happened at the checkout, and those gaps can create reasonable doubt about whether you intended to steal.

First-time shoplifting

For a low-value first offence, the Crown often offers diversion. Diversion may involve community service, a charitable donation or a letter of apology, and when the task is complete, the Crown withdraws the charge. See diversion for theft charges.

If diversion is not offered, a discharge is often still possible. A discharge means you are found guilty, but no conviction is entered on your record.

Civil demand letters

Some stores send a letter demanding payment to cover the cost of the incident. This demand is completely separate from the criminal case. Paying the demand does not end the criminal charge, and not paying it does not create a criminal record. Because these letters can look official and urgent, it is a good idea to get legal advice before you respond.

Store bans and trespass notices

A store may give you a notice banning you from one or more of its locations. A ban on its own is not a criminal charge. However, returning to the store can lead to a trespass charge under Ontario's Trespass to Property Act. If your release conditions also say to stay away from the store, going back can lead to a separate criminal charge for breaching those conditions.

Penalties

If the Crown proceeds by indictment, the maximum sentence is 2 years in jail. On summary conviction, the maximum is 2 years less a day, a fine of up to $5,000, or both. First offences rarely lead to jail, but repeat offences, higher values or working with other people can change the outcome. Since July 15, 2026, organized retail theft has been a listed aggravating factor at sentencing.

Why it still matters

Even a small shoplifting conviction can have serious effects on your future. It can show up on vulnerable sector checks for jobs and volunteer positions, and it can cause problems when you try to enter the United States. For anyone who is not a Canadian citizen, a conviction can also affect immigration status. That is why it is worth protecting your record, even when the amount involved seems minor.

Shoplifting by a young person

If the person charged was between 12 and 17 years old at the time, the Youth Criminal Justice Act applies instead of the adult rules. Police and the Crown must consider warnings, cautions and programs before going to court, and youth records have strict limits on who can see them. See our youth criminal justice page.

Possible outcomes

What to do now

• Keep every court date and fingerprint date listed on your papers.
• Do not go back to the store if your papers tell you to stay away.
• Do not pay the civil demand letter or call the store before you get legal advice.
• Write down what happened while you still remember, including anything you said to security staff.

Shoplifting with other people

When two or more people are involved, police often charge everyone who was present, even if only one person actually took the items. However, the Crown must prove that each person either committed the theft or knowingly helped or encouraged it. Simply being with someone who shoplifts is not enough to make you guilty, and diversion is still possible for a person whose role was minor.

How we can help

We can ask the Crown for diversion, make sure the terms are fair and help you protect your record. Call (647) 223-1980 for a free consultation.

Frequently asked questions