Shoplifting Penalties in Canada: What You Need to Know
Shoplifting may seem like a minor offence, but under Canadian law, it is a form of theft and carries serious legal consequences. Whether it’s a teenager stealing for the thrill or an adult acting out of desperation, shoplifting charges can have long-lasting effects on your criminal record, reputation, and future opportunities.
At Kazandji Law, we’ve helped clients across Toronto, Newmarket, Peel, Durham, and York Region navigate the complexities of shoplifting charges. This guide breaks down what shoplifting means under Canadian law, what penalties you could face, and what to do if you’ve been charged.
What Is Shoplifting?
Shoplifting refers to the act of taking merchandise from a retail store without paying for it. It’s commonly viewed as a petty crime, but under the Criminal Code of Canada, it is treated as theft—an offence that can result in criminal charges regardless of the item’s value.
Many people associate shoplifting with young offenders or individuals from lower-income backgrounds. However, shoplifters come from all walks of life: teens, seniors, students, professionals, and even those with no financial hardship. Emotional stress, mental health challenges, or impulse control issues often play a role.
How Canadian Law Defines Shoplifting
Shoplifting falls under Section 322 of the Criminal Code, which defines theft as the act of fraudulently or without colour of right taking or converting anything with the intent to deprive the rightful owner.
Most shoplifting cases involve property valued at less than $5,000, which is categorized as theft under $5,000. This charge may be pursued as a summary offence or an indictable offence, depending on the circumstances and the accused’s criminal history.
Penalties for Shoplifting in Canada
The penalties for shoplifting vary based on the value of the stolen item and whether the accused has a prior record. Here’s what you need to know:
Theft Under $5,000
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Summary Offence
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Maximum fine of $2,000
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Up to 6 months imprisonment
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Possible probation, community service, or diversion program
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First-Time Offenders
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Courts often consider alternatives to conviction such as discharges or diversion
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May avoid jail time with participation in anti-theft education programs
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Over 50% of those charged with shoplifting have no prior criminal record
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Theft Over $5,000
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If the stolen item is worth more than $5,000, the offence becomes significantly more serious:
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Treated as an indictable offence
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Punishable by up to 10 years in prison
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While most shoplifting cases involve items of lower value, it’s important to understand that the act itself—not the price tag—can result in a permanent criminal record.
Commonly Stolen Items in Retail Stores
Certain types of merchandise are more frequently targeted by shoplifters. These items are often:
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Small and easy to conceal
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High in demand or resale value
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Lightweight and difficult to track
Common items include:
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Clothing and accessories
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Alcohol
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Jewelry and watches
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Food and snacks
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Cosmetics and personal care products
Shoplifters tend to avoid electronics, as these are usually:
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Locked in display cases
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Secured with anti-theft tags
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Require employee assistance to access
Retailers have become increasingly sophisticated in loss prevention, using surveillance systems, RFID tags, and plainclothes store detectives.
How Shoplifters Get Caught
Most individuals are caught not during the act of concealment, but after exiting the store. Security staff are trained to observe suspicious behaviour, follow suspects discreetly, and act only once the individual has left the premises without paying.
The Process of Detainment
When store security suspects theft, they typically:
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Wait for the suspect to pass all points of sale
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Approach the individual outside the store or near the exit
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Escort them to a security office on site
There, they may ask for:
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Full name
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Address
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Phone number
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Date of birth
Sometimes, store security personnel may say they will not involve the police if the individual cooperates. However, they are not law enforcement officers, and you are not legally obligated to provide personal information without police presence.
In some cases, security may use intimidation tactics to extract information. If you find yourself in this situation, it’s critical to remain calm, avoid making any statements, and contact a criminal defence lawyer immediately.
What Should You Do If You’re Charged With Shoplifting?
Being charged with shoplifting can be overwhelming, especially if it’s your first offence. Here are the most important steps to take:
1. Do Not Admit Guilt
Even if you’re caught red-handed, it’s best to exercise your right to remain silent. Anything you say may be used against you in court.
2. Consult a Criminal Defence Lawyer
A lawyer can help assess your situation, explain your legal rights, and determine whether your case qualifies for alternative measures or diversion programs. In some cases, your lawyer can negotiate a withdrawal of charges or a discharge to help you avoid a criminal record.
3. Understand Your Options
First-time offenders may be eligible for:
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Pre-trial diversion programs
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Peace bonds
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Conditional discharges
Your lawyer will explain the pros and cons of each option and help you choose the one that best protects your future.
Can You Get a Criminal Record for Shoplifting?
Yes. If you are convicted of shoplifting, you will receive a criminal record, which can affect:
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Employment opportunities
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Immigration status
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Travel, especially to the United States
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Access to professional licenses or government programs
That’s why it’s essential to fight shoplifting charges strategically with the help of a knowledgeable criminal lawyer.
Get Help From Kazandji Law
If you’ve been charged with shoplifting in Toronto, Peel, Newmarket, or surrounding areas, you don’t have to face the system alone. At Kazandji Law, we’ve helped countless clients avoid jail time and permanent records through strategic negotiation and defence.
Our team can:
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Review your case details
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Identify improper search and seizure
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Explore eligibility for diversion programs
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Work toward getting your charges dropped or reduced
We understand that mistakes happen, and we’re here to protect your rights and future.
Contact Our Toronto Shoplifting Defence Attorneys Today
Shoplifting is a criminal offence under the Criminal Code of Canada, and the penalties can be severe—even for first-time offenders. However, with the right legal guidance, it’s possible to minimize the consequences or even avoid a conviction altogether. If you or someone you love is facing a shoplifting charge, contact Kazandji Law today to schedule a confidential consultation. We’re here to help you move forward with confidence.