Shoplifting

Shoplifting is a commonly used term to refer to an individual removing something from a store without paying for it first.

A person who shoplifts can be charged with the offence of theft under Canada’s Criminal Code. The Criminal Code defines theft as taking someone else’s property with the intent to keep it temporarily or permanently from its rightful owner.

Last reviewed: June 2024

Canada’s Criminal Code distinguishes theft offences based on the value of the items stolen. These are categorized as theft under $5,000 and theft over $5,000. These offences have different punishments.

Last reviewed: June 2024

The penalties depend on whether the offence is for theft under or over $5,000 and whether the Crown prosecutor handles the charge as a summary offence or indictable offence.

For a person convicted of theft under $5,000, the penalties are:

• a fine of up to $5,000 or a jail term of up to 2 years, or both, for a summary offence
• a jail term of up to 2 years for an indictable offence

For a person convicted of theft over $5,000, the penalties are:

• a fine of up to $5,000 or a jail term of up to 2 years, or both, for a summary offence
• a jail term of up to 10 years for an indictable offence

Last reviewed: June 2024

The Crown prosecutor looks at a number of factors including the circumstances of the crime, the age of the accused, and whether or not the accused has a previous record.

Last reviewed: June 2024

Yes.

The Youth Criminal Justice Act is a law that applies to youth aged 12 to 17 who commit a crime in Canada. The YCJA sets out the youth justice system, which is different from the process for adults who have committed a crime. It looks at the accused’s age when the crime was committed.

The process and punishments for a youth accused of shoplifting depend on whether the offence is theft under or over $5,000 and whether the Crown prosecutor proceeds as a summary offence or indictable offence.

To learn more about the YCJA, read our Introduction to the YCJA FAQs.

Last reviewed: June 2024

Yes. Canada’s Criminal Code allows anyone to perform what is commonly called a “citizen’s arrest”. This means an individual has the right to detain someone if they witness them commit an indictable offence, or if they believe on reasonable grounds that an individual has just committed a criminal offence and is likely to escape before police can arrive.

Further, a property owner or a person the owner allows to possess the property may perform a citizen’s arrest at the very moment an offence is committed or within a reasonable time after the offence is committed. However, the store owner must call the police immediately and let them take over as soon as they arrive or else the arrest may be considered illegal.

Last reviewed: June 2024

Probably not. The Canadian Charter of Rights and Freedoms applies to a citizen performing a government function by arresting another citizen. Section 8 of the Charter says everyone has the right to be secure against unreasonable search and seizure. Even if the store owner or security guard had seen the shoplifter put items in their bags, they should probably wait until the police arrive. The police have a wider discretion as to whether they can search a shoplifter’s personal property.

Last reviewed: June 2024

It depends how intense the store owner or security guard is questioning the shoplifter. The store owner or security guard has the right to ask simple questions about whether the shoplifter took anything. However, any intense questioning is better left to the police.

The role of a citizen’s arrest is simply to detain the suspect until the police arrive. It is not the store owner or security guard’s role to conduct investigative questioning. If the store owner or security guard detains and questions the shoplifter, they may have an obligation to inform the shoplifter of their rights and follow a number of procedural steps. The shoplifter has the right to not answer any questions throughout the process.

Last reviewed: June 2024

No. Under the Canadian Charter of Rights and Freedoms, a person accused of a crime has the right to remain silent and the right to speak to a lawyer immediately.

Last reviewed: June 2024