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Canadian Laws & Consequences of Retail Theft

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    What is Retail Theft

    • Retail theft is intentionally taking something from a store without paying for it. In Canada, the value of what is stolen separates retail theft (under $5,000) from other more serious offenses. Retail theft in Canada is not an indictable offense; that is, persons suspected of committing this crime are not immediately thrown in jail, although the individual is taken in for questioning by police, fingerprinted and given a date to appear before a judge.

    What a Prosecutor Must Prove

    • A prosecutor in a retail theft case must prove the identity of the person committing the theft. He must also prove that the person identified was in possession of the stolen item, and that the person intended to steal that item from the retail store. Because the majority of retail thefts are caught by store security cameras and loss prevention officers, these conditions are met easily.

    Consequences

    • Those convicted of retail theft in Canada are sentenced in several ways. According to the Canadian Bar Association website, the maximum jail term for this crime is two years, although many offenders are sentenced to probation along with a fine. The maximum fine in retail theft cases is approximately $2,000, and the offender must pay an additional 15 percent of this fine in what is called a "victim surcharge." Additional sentencing options include conditional discharges and suspended sentences in which the offender serves a probationary term and, upon successful completion, criminal records of the offense are sealed or expunged.

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