Theft Charges in Ontario

Updated October 8, 2026

Theft allegations can arise from retail incidents, employment, financial dealings or disputed property. The prosecution must prove more than an unexplained loss or a disagreement about ownership. The taking or conversion, claimed entitlement and intention must be assessed under the actual charge.

What does theft involve?

Criminal Code section 322 addresses fraudulent taking or conversion without colour of right and specified intentions concerning deprivation, pledging property or its return. Intended deprivation may be temporary or permanent. Movement of an item with the required intention can be relevant before a person leaves a shop; crossing an exit is not the only possible point at which an offence may be complete.

Why does the value matter?

Section 334 distinguishes property over five thousand dollars from property at or below that threshold, subject to its wording concerning testamentary instruments. The current provisions allow different modes of prosecution and statutory maximum penalties. The alleged value and the Crown's position should be checked, rather than assuming a small loss means no criminal consequence.

Which issues should be investigated?

Review surveillance, receipts, inventory records, authorization, communications and statements. Identity, actual control, an honest claim of right and intention may matter. Returning property or saying the incident was a mistake does not automatically erase an offence; the full circumstances require assessment. A defence should not be based on an unsupported general claim about intoxication or entrapment.

What should you do after being charged?

Preserve records without altering them and keep release documents and court dates. Obtain advice before giving an account, approaching a complainant or agreeing to proposed terms. Diversion or another alternative may be considered where available, but is not automatic. Employment, travel, immigration and professional consequences should be discussed before a plea decision.

Sources and scope

Sources: Criminal Code section 322; Criminal Code section 334. This is an updated replacement for a legacy overview. It is general information, not legal advice. The exact charge, applicable statutory version and evidence require individual review.