Theft is the taking of another person's property, through some fraudulent act and without the right to do so. There are a number of considerations set out in the Criminal Code surrounding the act which is the subject of the theft. They include the intention to deprive the owner of the property of the thing in question, to make a condition of its return something which may not be able to be reasonably accomplished, or to deal with it in such a fashion as to make it impossible to return it in the condition in which it was taken.

Theft can be of almost any type of property: objects, money, services, hydro, telecommunications and internet signals.





The maximum penalties for theft depend on the monetary value of the object stolen. Where the value is in excess of $5000, the maximum penalty is 10 years in custody. Where the value is $5000 or less, the maximum penalty is 2 years in custody if the Crown proceeds by indictment or 6 months in custody if the Crown proceeds by summary conviction.

While there is no minimum penalty for theft, there is special consideration where the theft is considered a breach of trust. These are situations where the accused person is able to take advantage of a trust given to him by the victim in order to affect the theft. It would include employees who steal from employers, professionals stealing from trust accounts, parents stealing from children.


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