What is the legal
definition of theft?
Theft is defined by the Criminal
Code of Canada as follows:
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.
This easiest way to
explain the above is that a theft occurs when someone takes something that does
not belong to them. Theft should not be
confused with fraud which involves deceit or fraudulent means to take or
deprive someone or the public of something by deceit or fraudulent means.
What does “colour of
right” mean?
One has a “colour of
right” to an item when they have a legitimate claim on it.
Is Robbery a form of
theft?
While a robbery
involves stealing (or an intent to steal) an item, additional factors such as
the use or threat of violence or the presence of a weapon are required to make
out this offence.
What is the legal
definition of shoplifting?
There really isn’t
one. Stealing an item from a store,
while commonly called shoplifting, is really just a form of theft.
What type of
sentence will one receive if they are found guilty of theft?
There are a number
of factors that are relevant for sentencing so an estimate cannot be made
without knowing more facts about the case and the individual who has been found
guilty. Sentences (for adults) can range
from an absolute discharge to imprisonment.
For offences of a minor nature the Crown will often offer a program
called diversion. Please see my FAQ on
Diversion for more information.