What You Need to Know About Shoplifting Charges in Alberta

If you are charged with shoplifting, you may feel overwhelmed. The legal consequences can be serious and long-lasting, even if the item in question was cheap. If you’re charged with shoplifting in Alberta, it’s important to understand what the law says, what the consequences are and how a criminal defence lawyer can help you.

What Counts as Shoplifting?

Shoplifting is the term for stealing from a retail store. Theft is the taking or conversion of property without the owner’s consent and with the intention of permanently or temporarily depriving the owner of it, under the Criminal Code of Canada. The offence of shoplifting has two elements:

1. The act itself: taking or concealing property without paying.
2. The intent: the mental decision not to pay, or to keep the property without permission.

A shoplifting charge can be laid even if a person never leaves the store, and many people are surprised to learn the details. If store staff or security believe someone attempted to steal merchandise (for example, by concealing items, removing security devices, or changing price tags), they may detain the person and call police before the person leaves the store.

Occasionally, allegations of shoplifting stem from a misunderstanding. Someone could forget to pay for something. Someone could be distracted while shopping. Someone could be accused of stealing things because of their behaviour. No matter what the circumstances, a shoplifting charge can have serious consequences and should be taken seriously.

Theft Under and Theft Over $5,000

In Canada, theft offences are divided according to the value of the property.

The most common charge associated with shoplifting is theft under $5,000, typically involving retail merchandise or other low-value items. Theft under $5,000 is generally a less serious crime than theft over $5,000, but a conviction can still result in fines, probation, a criminal record, and long-term consequences for employment, professional licensing, travel, and other opportunities. Depending on the circumstances, including whether you have a related criminal record, theft under $5,000 could result in imprisonment.

Theft over $5,000 applies if the stolen property is worth more than $5,000. The courts treat these cases with more gravity because the amounts of money are larger and the penalties can be more serious, including the possibility of a custodial sentence.

The Crown prosecutor has the option of proceeding either by summary conviction (generally for less serious matters) or by indictment (for more serious allegations, which carry the potential for greater penalties).

Possible Penalties

The penalties for shoplifting depend on the value of the property, your criminal record, and the circumstances surrounding the alleged offence.

If the Crown chooses to proceed with a summary conviction for theft under $5,000, the maximum penalty is six months’ imprisonment. The court may also fine, place the person on probation, order community service, or impose a combination of those penalties. If the Crown chooses to proceed by way of indictment, the offence is punishable by a maximum term of two years’ imprisonment.

Theft over $5,000 is an indictable offence with a maximum penalty of 10 years’ imprisonment.

In addition to any jail time, fine, or probation, the court may order the offender to pay restitution to compensate the victim for financial losses. Depending on the circumstances, the court may also order counselling requirements or other rehabilitative conditions.

A theft conviction can have grave immigration consequences for non-Canadian citizens. A conviction can impact applications for permanent residence, citizenship applications, work permits, study permits, admissibility to Canada, or an individual’s ability to remain in the country, depending on the offence and the outcome of the case. Anyone facing a theft charge should consider the criminal and immigration consequences before deciding how to resolve it.

The consequences of a theft conviction usually extend far beyond the sentence imposed by the court. A criminal record can impact your job, professional licenses, volunteer opportunities, educational programs, and international travel. In many cases, the long-term effects of a conviction can be worse than the immediate penalties imposed at sentencing.

Defences to Shoplifting Charges

Being accused of shoplifting doesn’t mean you are guilty. The Crown must prove the allegation beyond a reasonable doubt, and there may be several defences available depending on the facts of the case.

Intent is one of the most common problems in shoplifting cases. It is for the Crown to prove that the accused intended to deprive the owner of the property in order to secure a conviction. A real mistake, a distraction, or simple forgetfulness may not be theft. For example, absent-mindedly walking out of a store with an unpaid item is very different from deliberately attempting to purloin merchandise.

Sometimes a defence is raised based on a violation of Charter rights. If a person’s rights have been infringed during a detention, search, arrest, or police investigation, you can challenge the admissibility of evidence obtained as a result of that infringement.

Typically, shoplifting cases are built on a combination of surveillance video, witness statements, and reports prepared by loss prevention officers or store security. In some cases, the Crown may fail to prove the charge beyond a reasonable doubt if the evidence is incomplete, contradictory, unreliable, or inconsistent with other evidence.

Each case is unique. Often, the best course of action is to carefully consider the evidence, the witnesses’ statements, the video, and the circumstances surrounding the allegation.

What Happens After You’re Charged with Shoplifting in Calgary?

1. Conditions for Release: You may be conditionally released by the police. These conditions often include not attending the store where the alleged offence occurred or not communicating with certain people involved in the investigation.
2. Initial Court Appearance: Your first court appearance is not a “trial.” It is your first time in court, and it is an opportunity to check whether you have legal representation.
3. Disclosure Review: The review of disclosure is crucial before proceeding further. The package, called “disclosure,” could include CCTV footage, witness statements, loss prevention reports, photographs, police notes and other evidence relevant to the charge
4. Negotiations and other alternatives: After looking at the evidence, your lawyer may talk to the Crown prosecutor. Depending on the strength of the case, your personal circumstances, and your criminal record, alternative resolutions such as diversion programs, peace bonds, withdrawals, or discharges may be available where appropriate.
5. Trial or Final Disposition: If you are unable to come to an agreement to resolve your matter, it could go to court. At trial, the Crown must prove the charge beyond a reasonable doubt. You are presumed innocent, and a conviction can only be made if the evidence proves the offence.

Alternative and Diversion Programs

For first-time offenders, Alberta courts and prosecutors sometimes offer alternatives to a criminal conviction. These may include:

• Diversion programs: You agree to community service, restitution, or counselling, and the charges are withdrawn upon completion.
• Conditional or absolute discharge: You are found guilty but not convicted, allowing you to avoid a permanent criminal record if you comply with conditions.

Not every case qualifies, but these options can make a huge difference in protecting your future.

Why You Need a Defence Lawyer

Many people think shoplifting is “minor” and that they don’t need a lawyer. But even a small theft can have lasting consequences. A defence lawyer can:

• Review the evidence carefully to see if the Crown can actually prove intent.
• Raise defences and Charter arguments that you might not be aware of.
• Negotiate for reduced penalties, diversion, or discharges.
• Help you avoid a criminal record whenever possible.
• Guide you through the process so you understand what’s happening and what your options are.

Practical Steps if You’ve Been Charged

• Stay calm and polite with store staff and police. Do not resist or argue.
• Do not make statements about what happened until you have spoken to a lawyer.
• Gather evidence that may help your case, such as receipts or witness names.
• Contact a lawyer immediately for advice before your first court appearance.
• Be honest with your lawyer so they can build the strongest defence possible.

The Bottom Line

Shoplifting charges in Alberta are more than just a minor inconvenience. Even if the value of the items is low, the impact on your future can be significant. The good news is that there are often options to reduce the damage, avoid a criminal record, and move forward.

If you or someone you know has been charged with shoplifting, the most important step is to get legal advice as soon as possible. An experienced criminal defence lawyer can help protect your rights, explore your defences, and work toward the best possible outcome.