Shoplifting (Youth)

If you steal property from a merchant, you have committed shoplifting. The term is not used in the Criminal Code. It is classified as theft under s.322 and covered under Part IX of Offences Against Rights of Property. It is illegal to "fraudulently and without colour of rightThe honest belief that an act is justifiable "take someone's property" whether animate or inanimate." Even if you only want to possess an item temporarily, you can still face charges. Shoplifted items can be as small as a candy bar, but they can still lead to charges. Common items shoplifted are clothing, beauty products, jewelry, snacks and alcohol. There are two charges dealing with the offence: theft over $5,000 or theft under $5,000. The majority of shopliftingTaking an item from a merchant without payment cases fall into the second category.

In most cases, if store security sees you putting an item in your pocket while shopping, they will wait until you have left the store to detain you, eliminating the argument that you put it in your pocket to bring it to the cashier. Once you leave the store with an unpaid item, you can be detained until the police arrive to lay a charge.

To win a conviction for theft, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must demonstrate your guilt beyond a reasonable doubtThe standard that must be exceeded to find someone guilty. That includes proving that you took something with the intention of not paying. Even if you were caught outside a store with an unpaid item, it doesn’t necessarily mean you are guilty of theft. It may be able to prove you were distracted and forgot you had the property. Testimony from an eyewitness or surveillance footage may help determine if your actions were accidental or deliberate.

When prosecuting a theft charge, the Crown can proceed as an indictable offenceA more serious type of Canadian criminal offence. or summary convictionUsed for lesser offences under s.334 of the Criminal Code. The Crown will consider the value of the property stolen and your prior criminal record. A conviction for an indictable offence carries more serious penalties.

An adult convicted of theft over $5,000 can face a maximum 10-year prison sentence. Most shoplifting offences involve property valued at under $5,000 and can result in a maximum of two years less a day in jail if you are sentenced as an adult.

The judge has several options if you are facing sentencing under the YCJA. Under the Act, the purpose of sentencing is to hold a young personA person dealt with under the youth criminal justice system. accountable “through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.”

Your case may be handled outside the formal court process. If your offence was relatively minor, extrajudicial measuresYouth justice responses outside formal court proceedings. could be used. However, if your case is not resolved through extrajudicial measures, it will be dealt with in Youth Court.

The YCJA states less serious offences should result in less severe consequences, and any sentence must:

• not be more severe than what an adult would receive for the same offence;
• be similar to youth sentences in similar cases;
• be proportionate to the seriousness of the offence and the degree of responsibility of the young person;
• be within the limits of a proportional response: (a) be the least restrictive alternative, (b) be the sentencing option that is most likely to rehabilitate and reintegrate the young person, and (c) promote in the young person a sense of responsibility and an acknowledgement of the harm done by the offence.

This page is about a young person — someone aged 12 to 17 at the time of the offence — under the Youth Criminal Justice Act (YCJA).

A young person can be charged with this Criminal Code offence, but youth sentencing is different from adult sentencing. If the young person is found guilty, the youth justice court applies the Youth Criminal Justice Act.

Many less serious first-time youth matters may be handled through warnings, cautions, referrals, or extrajudicial measures instead of a formal court sentence. If the court does impose a youth sentence, the YCJA provides a range of options, including reprimands, discharges, probation, community service, restitution, and, in more serious cases, custody and supervision.

Custody is not the starting point for every youth case. The result depends on the charge, the facts, the young person’s history, the harm caused, the available programs, and the YCJA sentencing principles.

In rare cases, the Crown can ask for an adult sentence. That is not automatic. The court must apply the YCJA test before an adult sentence can be imposed.

For most offences, a custody-and-supervision order cannot exceed two years, or three years if the offence carries adult life imprisonment.

Most youth shoplifting cases are dealt with under the youth justice system, and many less serious first-time matters may be handled without a formal court sentence. More serious theft allegations can be treated differently, especially where the value is high or the young person has a prior record.

For a fuller explanation of how young people are sentenced, see How Youth Sentencing Works in Canada.