Theft Under $500 charges in Ontario, Canada

In Canada theft charges are classified as either being over or under $5000. This means that those charged with theft under $500 (five hundred - 500) will be charged with theft under $5000 (five thousand - 5000). If the police provide you with a Form 9 Appearance Notice or Form 10 Undertaking with a charge that says theft under $5000 this is accurate even if the amount stolen is under $500.

Everyone who receives an Appearance Notice or Undertaking is being criminally charged. They will have to be fingerprinted and attend court (or have their lawyer go to court for them).

Theft under $500 cases come in various forms including: shoplifting, theft from an employer, breaches of trust, and stealing from cars, homes, lockers, etc.

While all theft and fraud cases with a value under $500 result in charges of either theft under $5000 or fraud under $5000, the amount allegedly stolen still matters a lot. This is because some Crown Attorneys and Judges in Ontario consider cases that are under $500 in value more favourably than those above it. While there is no official threshold as to what is considered a lot to steal, generally speaking anything over $500 will attract more scrutiny as it is a natural numeric breaking point.

Even in theft cases that are under $500 in value the Crown may ask the Judge to sentence the accused to jail, probation, and a permanent criminal record. Every courthouse in Ontario works differently in this regard. At some courthouses a $200 theft is considered to be a lot, at others not so much. Each Crown Attorney (prosecutor) also views the amounts differently.

The number of items taken also impacts how the case is assessed.

In most cases it is considered worse to steal 10 items worth a total of $500 than one item worth $500. The former is sometimes considered a brazen spree whereas the latter perhaps an impulsive mistake. Again, every Crown Attorney and Judge views these things differently so there is no standard way of evaluating it or predicting who will be assigned to any specific case.

It is important to note that even if the value of the theft is under $500, the background circumstances of the case will be considered. This includes the relationship between the accused and the victim (retail store, workplace, locker, car, home, etc.) and the background of the accused. Those who have been charged before (fingerprinted and went to court regardless of whether the case was withdrawn), or warned by the police for similar behaviour will be treated more harshly than true first time offenders. These are considered to be priors by the Crown Attorney.

Those charged with thefts in value under $500 are at risk to receive a criminal record and go to jail, however many of these cases can be dropped (withdrawn) if handled correctly from the beginning.

If you are charged with a theft or fraud under $500 it is important that you seek legal advice as often these charges can be withdrawn depending on how the case is handled. Anyone charged with a theft or fraud of any value will be fingerprinted and be legally required to have their mugshot taken by the police but in cases where the charge is withdrawn the fingerprints and mugshot (face photographs) can usually be destroyed.

Even if the charges are eventually withdrawn the non-conviction record of the offence can still show up on certain employment background checks, IRCC / immigration applications, and when travelling to the U.S. and other countries. There are several upfront steps that can be taken to reduce the likelihood of encountering such problems.


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Are you a lawyer? If you are defending a theft or fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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