A theft charge is often a person’s first contact with the criminal courts. Even where the amount is small, a finding of guilt can affect employment, travel and immigration status. This page explains shoplifting and other theft charges in Ontario, the options that may be open to a person with no record, and what to do after a charge. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a theft or shoplifting charge, from your first court date onward.
What the Crown must prove
Section 322 of the Criminal Code defines theft as taking something, or converting it to your own or another person’s use, fraudulently and without colour of right, with intent to deprive the owner of it temporarily or permanently. Two parts of that definition matter in practice. “Colour of right” means an honest belief that you were legally entitled to the thing. And intent is essential: a person who forgets an item at the bottom of a cart, or misses a scan at a self-checkout by mistake, has not committed theft.
Theft is complete when a person, intending to steal, moves the thing or causes it to be moved (s 322(2)). In a store, a charge does not strictly depend on leaving the building, although where the person was stopped is important evidence of what they intended.
Theft and related offences: maximum penalties
- Theft of $5,000 or less (s 334(b)). Up to 2 years by indictment, or summary conviction. Most shoplifting charges fall here.
- Theft over $5,000 (s 334(a)). Up to 10 years by indictment, or summary conviction.
- Motor vehicle theft (s 333.1). Up to 10 years by indictment, with a minimum of six months in jail for a third or later offence prosecuted by indictment. Up to 14 years where violence is used, threatened or attempted, or the theft is for a criminal organization.
- Possession of property obtained by crime (ss 354, 355). Knowingly having stolen property. Up to 10 years by indictment if the value is over $5,000, and up to 2 years if it is $5,000 or less, or summary conviction.
On summary conviction the general maximum is two years less a day in jail, a fine of up to $5,000, or both (s 787(1)). Source: Criminal Code, RSC 1985, c C-46, ss 322, 333.1, 334, 354, 355 and 787, as they read on 11 October 2026 (Justice Laws version current to 21 September 2026).
How shoplifting charges usually begin
Most shoplifting cases start with store security, often called loss prevention. The Criminal Code allows the owner of property, or a person authorized by the owner, to arrest someone they find committing a criminal offence on or in relation to that property, and requires them to hand the person over to a police officer without delay (s 494). Security staff commonly ask questions and ask the person to sign a form. You are not required to answer or to sign. What you say to store staff can be used as evidence.
The police may then release you at the scene with an appearance notice or an undertaking. These papers set a date for fingerprints and photographs and a first court date. Missing either date is a separate offence. See failure to appear.
Letters from the store demanding money
Some retailers, or law firms acting for them, send a letter demanding payment of a set amount as civil damages. This is separate from the criminal charge. Paying it does not end the criminal case, and not paying it does not make the criminal case worse. Show any such letter to your lawyer before you respond.
Options for a person with no record
For a low-value theft by a person with no criminal record, the Crown may be willing to deal with the matter outside the trial process. The Criminal Code provides for alternative measures, often called diversion, in which a person accepts responsibility and completes steps such as community service, a charitable donation, restitution or an education program, after which the charge is withdrawn. Whether diversion is offered is decided by the Crown based on the facts, the value, and the person’s background. Where diversion is not available, other outcomes can include a peace bond, or an absolute or conditional discharge under section 730, which is a finding of guilt but not a conviction. The right course depends on the strength of the Crown’s evidence as well: a person who did not intend to take anything should not accept responsibility for a theft simply to end the case. No lawyer can promise a particular result.
Factors that make a theft charge more serious
- Value. Whether the total is over or under $5,000 changes the maximum penalty and the options available.
- Breach of trust. Theft from an employer, a client or a vulnerable person is treated as more serious than theft from a store.
- Planning and repetition. Several incidents, organized theft with others, or the use of tools to defeat security tags.
- Record. Earlier findings of guilt for similar offences.
- Motor vehicles. Parliament has added specific offences and higher maximums for vehicle theft.
First steps after a theft charge
- Keep your papersNote the fingerprint date and the court date. Attend both.
- Do not go back to the storeMany stores issue a trespass notice. Do not return to explain or to pay.
- Do not contact witnessesLeave any contact with the store or its staff to your lawyer.
- Write down what happenedRecord where you were stopped, what was said, who was present and whether you signed anything.
- Get advice before the first court dateYour lawyer obtains disclosure, including the store video, and discusses options with the Crown where appropriate.
How Law Wise helps
- Reviewing the video and the security report against the legal test for theft.
- Raising diversion or another resolution with the Crown where the facts support it.
- Explaining what each outcome means for police record checks, employment, travel and immigration status.
- Defending the charge at trial where intent or identity is in dispute.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about theft and shoplifting
Store security took my information and let me go. Have I been charged?
Not necessarily. Check any papers you were given. If the police were not involved at the scene, a charge can still follow later by summons. If you are unsure, a lawyer can make inquiries for you.
Will I go to jail for shoplifting?
Jail is not the usual outcome for a first, low-value offence, but the result depends on the facts, the value and your record. The more immediate concern for most people is whether the case ends with a criminal record.
I paid the store’s demand letter. Is the case over?
No. The demand is a civil matter between you and the retailer. Only the Crown or the court can end the criminal charge.
It was a mistake at the self-checkout. What should I do?
Theft requires intent. Tell your lawyer exactly what happened and keep your receipt and banking record for that purchase. The store video and the transaction record are usually the key evidence.
I am not a Canadian citizen. How careful do I need to be?
Very careful. A finding of guilt for theft can affect a permanent resident or a foreign national, and the effect depends on the exact outcome. Get immigration advice before agreeing to any resolution. See immigration.
Does a discharge mean I have no record?
A discharge is not a conviction. A record of it is kept for a period and can appear on some police checks during that time. See criminal records and record suspensions.
Charged with theft or shoplifting?
Bring your appearance notice or undertaking and any letter from the store. Speaking with a lawyer before the first court date keeps your options open.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.