Theft and fraud charges for youths in Ontario have changed significantly with the rise of technology. While “shoplifting” is still the most common charge, we are seeing a massive increase in “cyber-fraud,” including identity theft on social media and fraudulent online marketplace deals.
A theft or fraud charge is a “crime of dishonesty.” For a young person, this is a dangerous label that can bar them from future jobs in retail, banking, or government. Kazandji Law‘s Ontario youth theft and fraud lawyers prioritize protecting the youth’s “integrity record” above all else.
Theft Under vs. Theft Over $5,000
Under Section 334, theft is divided by value. Most youth shoplifting falls under “Theft Under $5,000.” These are often diverted to community programs. However, “Theft Over $5,000” — such as stealing a car (motor vehicle theft) or high-end electronics — carries much heavier weight in the youth justice system.
Fraud and the Digital Footprint in Ontario
Youth fraud charges often involve:
- Identity Fraud: Using another person’s social media or ID.
- Credit Card Fraud: Using a parent’s or stranger’s card for online purchases (Fortnite skins, DoorDash, etc.).
- Marketplace Scams: Selling items on FB Marketplace or Kijiji that don’t exist.
Many youths don’t realize these are “real” crimes with “real” detectives tracking them down. Because the evidence is digital (IP addresses and bank logs), the prosecution’s case is often very technical.
Restitution: Making it Right
Under Section 42(2) of the YCJA, a judge can order a youth to pay restitution — returning the money or property to the victim. For a youth with no income, we often negotiate “work-restitution,” where the youth performs community service hours to “earn” the forgiveness of the debt.
FAQs: Youth Theft and Fraud in Ontario
Is shoplifting a minor offence in Ontario?
Technically, yes, but a conviction for shoplifting can stop a youth from getting their first job. We treat every shoplifting charge as a major threat to their future.
What if my child were with a group that stole, but they didn’t take anything?
They can still be charged with “Possession” or “Theft” if they assisted or encouraged the group. We focus on proving they had no “common intention” to steal.
Can a youth be charged for “joyriding”?
Yes. Taking a car without consent (even if you plan to return it) is a crime under Section 335 (Taking Motor Vehicle without Consent).
What happens if the stolen item is returned?
Returning the item is a “mitigating factor,” but it doesn’t automatically drop the charges. However, it makes an EJS (Extrajudicial Sanction) offer much more likely.
Does the store have the right to fine me?
Many retail stores send “civil recovery” letters asking for $500+. These are separate from the criminal case. We advise our clients on whether these letters are actually enforceable.
What is Identity Fraud for a 16-year-old?
It could be as simple as using an older sibling’s ID to get into a club or using a friend’s login to order food. These are often prosecuted under Section 403.
Can a youth be charged with Robbery in Ontario?
Yes. If theft involves any level of force or threats, it becomes Robbery (Section 343). This is a very serious charge and often prevents EJM/EJS eligibility.
What if my child didn’t know the item was stolen?
“Possession of Stolen Property” requires knowledge. If they bought a “cheap” phone from a friend, the Crown must prove they were “wilfully blind” to it being stolen.
What is a “Deferred Custody and Supervision Order”?
This is the youth equivalent of a conditional sentence (house arrest). The youth stays in the community under strict rules instead of going to a facility.
How do we prove the value of the items?
The Crown must prove the “fair market value.” We often challenge the store’s valuation to bring the charge from “Theft Over” to “Theft Under.”
Work With Our Ontario Youth Theft and Fraud Lawyers
Theft and fraud cases are often about “peer pressure” or “impulse control.” We don’t just address the law; we address the “why.” We work with parents to show the court that the incident was a lapse in judgment, not a pattern of dishonesty. We are experts at negotiating resolutions that leave the youth’s record clean for future employment.
What You Should Do Next
If your child is being investigated for a digital crime, change their passwords and secure their devices. Do not delete evidence, as this can lead to “Obstruction of Justice” charges. Call our Ontario youth theft and fraud attorneys to review the case. Often, we can resolve these matters quietly with the complainant before they reach a courtroom.