Shoplifting

Shoplifting is when someone steals items from a merchant. Although the term is not used in the Criminal Code, the crime falls under theft in s.322 of the Code. Theft can be categorized in two ways depending upon the value of the items stolen: theft over $5,000 or theft under $5,000. The value-based classification is set by s. 334. Almost all shoplifting will fall in the second category. The most common items shoplifted are alcohol, clothing, jewellery, snacks and beauty products.

According to a report from Statistics Canada (Police-reported crime statistics in Canada,) in 2019, police reported more than 140,200 incidents of shoplifting of $5,000 or under. The Retail Council of Canada (Shoplifting and other petty-crime cases are being dropped by courts) estimates that merchants lose more than $5-billion annually to shoplifters.

Generally not. Even if store security sees you put an item in your pocket while shopping, most guards will wait until you leave the store before detaining you. That is because you could argue you were just carrying it in your pocket to bring it to the cashier.

If you leave the store carrying an item you have not paid for, you could be detained until the police arrive. Many stores have security cameras to aid in these investigations. Even if you aren’t detained after you leave the store, police can still release your image, asking for the public’s help in identifying you. Stores can also post images of shoplifters on their social media channels in an effort to track shoplifters down.

The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove you are guilty of the offence beyond a reasonable doubtThe high standard the Crown must meet to prove guilt.. That includes proving that an item was stolen and that you took it with the intention of not paying. Even if you are found with the item outside the store, you can argue the lack of payment was an oversight. Maybe you were distracted and forgot about the item as you left. Video footage and eyewitness accounts will be key in determining if your actions were accidental or deliberate.

Section 334 of the Code allows prosecutors to treat the crime of theft under $5,000 as an indictable offenceA more serious type of Canadian criminal offence. with a maximum penalty of a jail term not exceeding two years. However, in almost all shoplifting cases the crime will be treated as a summary convictionLess-serious criminal offences and a lesser penalty handed out, usually in the form of fines and probation. But you will still have a criminal record that could limit your opportunities for employment or travel.

Shoplifting is not a separate Criminal Code offence name. It is usually charged as theft under s. 322, with penalties under s. 334.

Shoplifting is usually charged as theft. The penalty depends mainly on the value of what was taken.

See the Theft page for the full penalty table.