What is the difference between theft under and theft over $5,000 in Canada?
The Criminal Code splits theft at a $5,000 value threshold. Theft of $5,000 or less (s.334(b)) is a hybrid offence with a maximum of 2 years. Theft over $5,000 (s.334(a)) is an indictable offence with a maximum of 10 years. Most shoplifting falls under the lower band.
Will I get a criminal record for shoplifting in Canada?
Not necessarily. First-time, low-value shoplifting is often resolved through diversion or a conditional or absolute discharge, which means you avoid a criminal conviction if you complete the conditions. A guilty plea to the charge, however, does create a record.
What is the penalty for a first shoplifting offence?
For a first offence involving a small amount, typical outcomes include diversion, an absolute or conditional discharge, or a small fine with restitution. Jail is unusual for a genuine first offence but becomes likely with a prior record, high value, or breach of trust.
Can a store make me pay a civil recovery demand?
Yes. Separate from any criminal charge, retailers in most provinces can send a civil recovery demand letter seeking a set amount for their losses and security costs. Paying it does not resolve the criminal charge, and you are not automatically required to pay simply because a letter arrives.
Is employee theft treated more seriously?
Yes. Theft by an employee is treated as a breach of trust, which is a significant aggravating factor. Even a first offence involving employee theft over a meaningful amount frequently results in a jail sentence or a conditional sentence, along with a restitution order.