If you've been accused of theft, it's wise to know about all of the details that could play a role in the case. For example, you should know that there are different categories of theft, such as simple theft, criminal breach of trust, identity theft, robbery and taking a vehicle without consent.
In addition, when facing these types of charges, it's important to note that the value of what was stolen could play a significant role in the case and the potential sentencing. The mere act of stealing is not always considered the same, as stealing a low value item--like a bottle of alcohol--is not considered in the same realm as stealing a high-value item, like a motor vehicle.
The main cutoff point to be aware of is $5,000. When items that are taken are worth more than that, you could be charged with an indictable offence. If convicted, you could be put in prison for up to 10 years.
If you have stolen something that is worth less than $5,000, it is a summary offence that will often be looked at like a hybrid offence. Looking at it this way gives the Crown some options, as it can be treated as an indictable offence or it can be looked at as a far less serious offence. If the latter is done, the penalty could be as much as six months in prison and a fine of $5,000--sometimes, just one or the other will be used.
Generally speaking, smaller offences are only looked at as indictable offences when there are extenuating circumstances to consider. For example, if you have a long history of such infractions, that could be considered to upgrade the charges.
As you move toward your court date, make sure you know all of the legal options you have in Ottawa for any level of offence.
Source: FIndLaw Canada, "Theft and shoplifting," accessed Feb. 13, 2016
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