Theft Under $1000 charges in Ontario, Canada

Many theft charges in Ontario, Canada are under $1000 in value. They often result from shoplifting incidents, stealing from an employer, theft from a porch/doorstep, a vehicle, or any other opportunistic circumstance. Whether the value of the items or cash is $2 or $900 the charge will always still be theft under $5000. Most theft under charges in the Toronto/GTA area involve cases under $1000 in value but all will be charged with the same offence: theft under $5000.

As with any theft case, the value is an important factor in how the Crown Attorney and Judge will determine the seriousness of the offence. The lower the amount the better for the accused. This being said, most criminal theft cases in Ontario are under $1000 so anything over $100 can be considered a lot at some courthouses. Also the background factors of the accused and the theft itself will also be assessed by the Crown and Judge to determine the seriousness regardless of how high the value is.

What sort of cases of theft under $1000 are considered the most serious in Ontario, Canada?

Like any other theft or fraud case, the most important aggravating case factors in evaluating the seriousness are the following:

1. Prior charges (even if withdrawn and fingerprints destroyed)
2. Prior police warnings (regardless of which police force)
3. Prior findings of guilt, discharges, fines, probation, suspended sentences, conditional sentences (house arrest) or jail/prison sentences
4. Involve theft from an employer
5. Happened in the presence of a vulnerable person such as a baby/child, someone mentally disabled, or elderly
6. Involve other additional charges (possess property obtained by crime, resist arrest, assault, escape lawful custody, fraud, etc.)
7. Thefts from relatives, friends, business associates, coworkers, the workplace (or former workplace), or anyone else or business that the accused is or was in a position of trust with (breach of trust)
8. If the same victim is targeted multiple times previously
9. In shoplifting cases if the same store was stolen from more than once (known to security)
10. The types of items stolen. Necessities (ie. food) are considered less serious than non-necessities like unneeded or expensive clothes, electronics, hardware items, etc.

While these are the most common aggravating factors in theft under 1000 cases there is no definitive list of things that can make a case much worse.

Generally a first time offender, without any prior criminal record will be in a better position than someone with a rap sheet (priors), but they also have much more to lose if convicted.

Any first time offender who is charged with theft under $1000 needs to make sure their case is handled correctly from the start because its outcome in the Ontario Court of Justice will often be final. If there are aggravating factors such as the ones listed above or others they face a strong risk of getting a criminal record that can limit potential freedoms and opportunities for themselves and their family for the rest of their life.

In Ontario, Canada each courthouse operates differently

Not every Crown Attorney prosecution office in Ontario views aggravating factors in theft under 1000 cases the same. Some treat certain case factors as more serious than others. This being said, at all courthouses in Ontario the total value is always a factor (the lower being better for the accused). Most courts and Crown Attorneys in Ontario see a theft of around $1000 as a lot of money.

Most of the charges in Ontario, Canada for theft under $5000 (s. 334 (b) of the Criminal Code) are matters involving theft under $1000

In Canada, the only criminal charge available to the police for thefts of any amount under $5000 is theft under $5000. This means that everyone charged for a theft under $1000 will actually be charged with theft under $5000. This means that even if the theft is for an amount much less than $1000 the conviction will still show up as theft under $5000 on a criminal record check. It would not be clear when looking at the offender’s criminal record whether they stole $4995 or $5.00. This can add to the problems those charged face when dealing with future employers, IRCC, US Customs (CBP), etc.

What are the potential punishments for theft under $1000?

Those who are found guilty of theft under $1000 face a maximum punishment of 2 years in prison, probation, fines, and a permanent criminal conviction record. The penalty will depend on the factors of the case (particularly those mentioned above as aggravating). For those in the immigration system they may have their IRCC applications and status denied and face deportation. A criminal record will also show up on employment, volunteer and school police background checks and may cause a person to be denied entry when attempting to travel to the U.S. or other countries.


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