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Will I Face Criminal Charges for Shoplifting?

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Have you been charged with shoplifting? Now you realize that it was a stupid thing to do, but you got carried away and thought you could get away with it. You probably forgot about the CCTV cameras and the vigilant employees. Now that you have been caught and charged, the important thing is to understand that you may face criminal charges because shoplifting is a crime in Canada punishable by fine or imprisonment or both if you are found guilty.

Every year, about 50,000 people are charged with shoplifting in Canada and about half of them are people with no previous criminal records. Did the store’s security take your name and address when you were caught? They forward that to their lawyer who then writes a demand or civil recovery letter. You shouldn’t be cowed by the letter as it is a tactic often used by stores to intimidate you into paying a sum of money to the store, often more than what you have taken. If that happens, call your lawyer immediately. 

Two interesting things about shoplifting is that (1) you can be charged if you are accompanying a friend who has been caught shoplifting and (2) you can be charged even if you haven’t walked out of the store. The first is simply a case of being in the wrong place at the wrong time with the wrong person. You will be charged as an accomplice even if there is not enough evidence. The second is owing to the wording in Section 322(2) of the Criminal Code defines “The time a theft occurs” as the time a person “moves anything or causes it to move or to be moved or begins to cause it to become movable” with intent to steal that thing.

Penalties for Shoplifting:

  • Theft under $5,000: If the total value of the items you have shoplifted does not exceed $5,000, then you will be charged with Theft under $5,000 described in Section 334(b) of the Criminal Code of Canada. Depending upon the amount stolen and the seriousness of the crime, you will be prosecuted for either a summary offence or an indictable offence. In the case of the former, the maximum penalty is 6 months’ imprisonment and/or $2,000 fine. In the case of the latter, the maximum penalty is 2 years’ imprisonment.
  • Theft over $5,000: If the total value of the things you have shoplifted is equal to $5,000 or more, such as jewelry and expensive watches, then you may be charged with Theft over $5,000. This is an indictable offence with a maximum penalty of 10 years’ imprisonment.

Shoplifting has a social stigma and your name will be tainted forever if you are found guilty. Once you have been caught shoplifting and slapped with criminal charges, there is no point in denying or crying foul. You should hire a criminal defense lawyer without delay and have him or her to negotiate a withdrawal settlement. If that fails, then the lawyer will try to get you acquitted or have your sentence reduced. Donna V. Pledge is a reputed Toronto criminal defense lawyer who has over two decades of experience in successfully representing clients charged with shoplifting.

Legalization of Marijuana in Canada, Cannabis Act, Bill C-45

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What will be legal?

In 2018 Canadian adults will legally be able to possess, grow and purchase limited amounts of marijuana. Specifically, Canadian adults will be legally able to possess 30 grams or less of dried marijuana, or it’s equivalent. What that means is that an adult will be able to have that amount on their person but will not be able to use it in any public place, motor vehicle or work place. However you will be able to use, smoke or alter the marijuana at home. One will also be able to transfer the marijuana to another adult, but it will be a serious criminal offence to transfer it to a young person. An adult will be able to grow a maximum of 4 marijuana plants at any given time, but must keep the height of the plants to 1 meter or less. The marijuana plants can be legally grown either inside or outside your personal residence.

Where will you be able to purchase the marijuana? 

In Ontario the LCBO will be overseeing the retailing aspect. However, the stores, for the sales of cannabis products, will be stand alone stores. An adult will be able to purchase fresh or dried cannabis, cannabis oil and plants and seeds for cultivation. You will also be able to purchase cannabis, fresh, dried or oil, and plants and seeds online from a federally licensed producer.

Will there be any marijuana related offences left after the legalization? 

It will be a crime to possess, grow and sell illegal marijuana, that is to say marijuana that is not produced by a federally licensed producer. Further it will still be illegal to import or export marijuana. As well there will be new marijuana related offences targeting those persons who distribute or sell marijuana to young persons. If you are charged with any offence you should seek experienced criminal defence counsel, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.

Proposed new legislation for impaired by drugs?

The Canadian government is also proposing new legislation(Bill C-226) making the testing and prosecution of impaired driving by drugs easier. Perhaps these government proposals are as a result of the impending legalization of marijuana. The government may have concerns that once marijuana is legal, that that will result in increased incidents of impaired driving by drugs. This proposed legislation involves providing an oral body fluid sample at the side of the road, if a police officer suspects a driver has a drug in their body. This would be similar to the roadside screening device presently used at the roadside to detect alcohol. If the roadside device confirms that a driver has a drug in their system, the police officer will then have a choice of either pursuing a drug recognition evaluation or a blood sample.

These options would save valuable time when testing  for drugs, such as THC, which leaves the body very quickly. Just as with alcohol there would be proposed legal limits of THC. Given the impending legalization of marijuana, one has to be very careful making the decision as to whether or not drive after using marijuana. In fact it would be prudent to follow the same motto related to drinking and driving of “DON’T DRINK AND DRIVE”, and “DON’T DO DRUGS AND DRIVE”.

However if you ever find yourself charged with either drinking and driving or impaired by drugs you should hire an experienced criminal defence lawyer, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.