Theft Over $5,000 in Canada

The short answer

Theft over $5,000 covers property worth more than $5,000, as well as the theft of a will, and it is set out in s. 334(a) of the Criminal Code. It carries a maximum of 10 years in jail when the Crown proceeds by indictment. There is no minimum sentence, and a discharge is legally possible, but the amount involved and the surrounding circumstances matter a great deal. Most of these cases turn on three questions: the true value of the property, whether you held a position of trust, and whether the loss has been repaid.

When theft becomes "over $5,000"

The Crown must prove that the value of the property was more than $5,000. If it cannot prove that value, the court can still convict you of the lesser offence of theft under $5,000, which carries much lower penalties and more flexible outcomes.

Value is often a central issue in these cases. A used item may be worth far less than its original purchase price, and replacement cost is not always the same as actual market value. The Crown may also add up several smaller takings over a period of months and charge them as a single theft, but each individual taking still has to be proven with evidence.

Common situations

• An employee is accused of taking cash, inventory or equipment from a workplace over several weeks or months.
• Tools, equipment or building materials go missing from a construction site.
• Family members or business partners disagree about who owns valuable property after a falling-out.
• A large quantity of goods is taken from a warehouse or store for resale.

If money or property was obtained through deception, rather than simply taken, police may lay a fraud charge instead of a theft charge. See our fraud page. If you are found with property that someone else took, the charge may be possession of stolen property rather than theft.

What the Crown must prove

What happens after you are charged

1. Release: Most people are released with conditions, such as staying away from a particular workplace or having no contact with certain people.
2. Disclosure: The Crown provides its evidence, which in workplace cases often includes an audit, video footage and business records.
3. The Crown's election: The Crown decides whether to proceed summarily or by indictment, and summary cases stay in the Ontario Court of Justice.
4. Your election: If the Crown proceeds by indictment, you can choose a trial in the Ontario Court of Justice, or a trial in the Superior Court of Justice with or without a jury.
5. Resolution or trial: Many cases resolve through repayment and a negotiated outcome, while others go to trial on the issues of value, intent or identity.

The evidence in a typical case

The Crown's evidence often includes audit or loss reports, video footage, access card logs and computer records. To prove value, the Crown may rely on receipts, invoices, appraisals or sales records, and it may also call coworkers, managers or business partners as witnesses.

Loss reports are usually prepared by the complainant or someone hired by the complainant, so they deserve careful review. They can overstate the amount, include losses that had other causes, or count the same item more than once.

Penalties

When the Crown proceeds by indictment, the maximum sentence is 10 years in jail. On summary conviction, the maximum is 2 years less a day, a fine of up to $5,000, or both (s. 787). There is no minimum sentence, a discharge is legally available under s. 730, and a conditional sentence served in the community is possible if the sentence is under 2 years and the judge is satisfied it would not endanger the public (s. 742.1).

A breach of trust, such as stealing from an employer, is a statutory aggravating factor under s. 718.2(a)(iii), which tends to make sentences higher. See theft sentences in Canada.

Repayment and restitution

The court must consider a restitution order in every case (s. 737.1). In practice, repaying the loss before sentencing usually helps more than being ordered to repay afterwards, because it shows that you have taken genuine responsibility. However, the way you repay matters, and a lawyer can arrange repayment so that it is properly recorded and does not include admissions you did not need to make.

Defences

• Colour of right: You honestly believed you had a right to the property, which is a common issue in family and business disputes.
• Value: The evidence does not prove that the property was worth more than $5,000.
• Identity: Several people had access to the property, and the evidence does not point clearly to you.
• Charter issues: Police may have breached your rights during a search or while taking a statement.

Effects beyond the sentence

Because theft over $5,000 carries a maximum of 10 years, a conviction can make a permanent resident inadmissible to Canada for serious criminality under s. 36 of the Immigration and Refugee Protection Act. Many employers and professional licensing bodies also screen for dishonesty offences, and a conviction can lead to being refused entry to the United States.

What to do now

• Do not speak to your employer, the owner or police about the allegation before you receive legal advice.
• Do not sign a statement, confession or repayment agreement until a lawyer has reviewed it.
• Gather records that show what you were permitted to take or use, such as emails, texts or written approvals.
• Keep any receipts, appraisals or online listings that show the real value of the property.

Possible outcomes

How we can help

We can review the evidence of value and intent, and work toward repayment and a resolution that limits the impact on your record. Call (647) 223-1980 for a free consultation.

Frequently asked questions