Shoplifting is a colloquial term for theft in a retail store. The Criminal Code of Canada doesn’t have a special “shoplifting” provision. However, those accused of shoplifting are charged under s. 322 of the Code.  This section deals with theft. Theft occurs when a person takes another person’s property and puts it to their own use. In the context of shoplifting, this means that a person takes something from a shelf and walks out without any attempt to pay.  Now, let’s talk about the mechanics of the process and the potential consequences of the theft (shoplifting) charges.

How the police can charge you with shoplifting

Many retailers implement a number of shoplifting prevention measures. One of the most common ones in Toronto, Ontario and elsewhere is hiring private undercover investigators. Their primary task is to watch customers and arrest suspected shoplifters. Though these investigators are not police officers, they have a right to arrest. The PIs can do that using the right of “civil arrest.” Civil arrest allows any person to “arrest” (detain) another, whom she/he caught in the commission of a criminal offence – in this case, shoplifting.

However, private investigators do not have the right to lay criminal charges. Only the police can do that. For this reason, the private investigator should call the police. However, police arrests, in the sense of taking the accused to the police station, are not frequent in shoplifting cases. Usually, the police officer would serve the person with a Notice to Appear. The said notice commands the shoplifter to provide fingerprints and appear before the court on a certain day to face a criminal charge of theft.

What happens next, and how you fight a shoplifting charge

In the vast majority of shoplifting cases, the Crown prosecutes an accused “summarily.” In practice, this means two things:

1. The punishment may be in the form of a fine of up to $5,000.00 or incarceration for a period of time no longer than 2 years.
2. A paralegal can represent the accused, which frequently means lower legal costs.

Defences against shoplifting are complex and may vary. They, of course, depend on the circumstances of each particular case. They also depend on the evidence against you. The Crown must provide you with a disclosure package with all evidence. Defences also depend on whether all rights of the accused were properly observed.

Potential outcomes of a shoplifting charge

Direct Accountability Program

This program allows the accused to have his theft charge withdrawn after completing some conditions the Crown may determine. These conditions may vary.  It may be a charitable donation, taking some counselling, or a certain number of hours of community work. With the proper presentation of the case, a first-time offender may get into this program. It is a much better option as she/he doesn’t get a criminal record. 

Conditional Discharge

In more complex situations, the resolution of the case may lead to a conditional discharge. This would require the accused to formally plead guilty to the offence. Then the court will “conditionally discharge” the accused. It means that the defendant will get 12 – 18 months probation with certain conditions. If the accused follows all conditions of the probation during this time set, she/he will not have a criminal record.

Trial or Plea of Guilty

If neither of the above options is, for whatever reason, available, the accused faces two choices:

1. Plead guilty, get a criminal record, but negotiate the form and extent of punishment, or
2. Plead not guilty and have a full trial with a view to having the accused acquitted.

As already mentioned, each of these choices depends on the circumstances of the case and the evidence in the Crown’s possession. However, if the charge is theft under $5000.00 (shoplifting), the defendant should know that with competent help, there are usually ways to resolve the situation and make sure that she/he has no criminal record.

Keep in mind that a paralegal can represent you in your shoplifting case, and don’t hesitate to contact us for an assessment of your particular situation.