Theft and fraud charges range from shoplifting to multi-million-dollar commercial cases. Because they are offences of dishonesty, a conviction can be especially damaging to your employment, professional standing, and reputation — even where the amount involved is small.

Theft

Under section 322 of the Criminal Code, theft is fraudulently taking or converting property without the owner's consent, with intent to deprive them of it. The charge — and the penalty — depends on the value of the property:

Fraud

Under section 380, fraud is depriving another person of property, money, or a valuable security by deceit, falsehood, or other fraudulent means. As with theft, the threshold is $5,000:

Related Property Offences

The same investigations often give rise to related charges, including:

• Possession of property obtained by crime (s. 354);
• Identity theft and identity fraud (s. 402.2, 403);
• Theft or fraud over $5,000 involving a breach of trust by an employee;
• Forgery and uttering forged documents; and
• Credit card and cheque offences.

Common Defences

• Lack of intent: Theft and fraud both require a dishonest intent — an honest mistake or genuine misunderstanding is a defence.
• Colour of right: An honest belief that you had a legal right to the property negates the offence.
• Identity: Challenging whether the Crown can prove that you, and not someone else, committed the offence.
• Insufficient evidence: Fraud cases in particular often rest on complex documentary records that may not establish deceit beyond a reasonable doubt.
• Charter violations: Unlawful searches or seizures of records and devices can result in evidence being excluded.

This article is for general informational purposes only and does not constitute legal advice. Criminal law is fact-specific — contact a lawyer to discuss your situation.