If you've been charged with theft under $5,000 in Ontario — whether it was shoplifting, taking something from a workplace, or any other situation — you're likely scared and uncertain about what comes next. This post explains the charge plainly, what it actually means for your future, and what your options are.
What is theft under $5,000 under the Criminal Code?
Theft under $5,000 is a criminal offence under s.334(b) of the Criminal Code of Canada. It covers the taking of anything valued at under $5,000 without the owner's consent, with the intention of permanently depriving them of it.
This includes shoplifting — by far the most common scenario — but also taking property from a workplace, a friend's home, or any other setting. The value threshold is the item's value, not what you paid for it.
It is a criminal charge, not a provincial offence. That distinction matters enormously for what happens to your record.
What are the consequences of a theft under $5,000 conviction?
Theft under $5,000 is a hybrid offence — the Crown chooses whether to proceed by summary conviction or by indictment. For first-time accused on straightforward matters, the Crown almost always proceeds by summary conviction.
On summary conviction, a guilty plea or finding of guilt means:
- A criminal record. This is the consequence that matters most. A criminal record appears on background checks run by employers, landlords, professional licensing bodies, volunteer organizations, and border agencies. It follows you for years — potentially for life without a record suspension.
- U.S. border consequences. A theft conviction can make you inadmissible to the United States. U.S. Customs and Border Protection has access to Canadian criminal records, and a conviction — even a conditional discharge that isn't a "conviction" in Canada — can result in refusal of entry.
- Employment impact. Many employers require a criminal record check. A theft conviction is particularly damaging for positions involving financial responsibility, access to property, security clearances, or care for vulnerable persons.
- Professional licensing. Regulated professions — nursing, law, real estate, financial services, education, and others — conduct character reviews. A theft record can disqualify an application or require a hearing before a licensing body.
- Fine and/or probation. Most summary theft matters result in a fine, a period of probation, or both — but these are secondary to the record itself.
What is a discharge, and can I get one?
A discharge is an outcome where the court finds you guilty but does not register a conviction. There are two types:
Conditional discharge. The court releases you on conditions — typically probation, community service, or a restitution payment. If you complete the conditions without further offence, the finding of guilt is discharged and you do not have a criminal record. The discharge does appear on RCMP records for three years, during which a background check may still reveal it.
Absolute discharge. No conditions, no criminal record. The finding of guilt is entered and then immediately discharged. Appears on RCMP records for one year.
Discharges are available to first-time accused when the court is satisfied it is in the person's best interest and not contrary to the public interest. They are not available for every matter, and the Crown's position — and the specific circumstances — affects whether one is realistic.
What is diversion, and am I eligible?
Diversion is a pre-plea program available in some Ontario courts for first-time accused on minor offences. Rather than proceeding to a plea, the matter is paused while you complete a program — typically community service hours, a restitution payment, or an educational component. On successful completion, the charge is withdrawn. No plea, no record.
Eligibility varies by court and by Crown practice. Not every courthouse offers diversion for theft, and it is not available to accused who have prior records or have previously received diversion. Whether it is available in your matter is one of the first things we determine after reading the disclosure.
What actually happens at court?
First appearance. Your first court date is typically an appearance to confirm you've received the charge and indicate whether you have representation. Nothing is decided.
Disclosure. The Crown provides the evidence — the officer's notes, any store security footage, witness accounts, and the loss prevention report. We read it line by line before any discussion of resolution.
Crown resolution discussion. Most theft under matters resolve through discussion with the Crown rather than trial. That resolution might be a withdrawal, diversion, a conditional or absolute discharge, or a reduced finding. What's available depends on your record, the value of the item, the circumstances, and the specific Crown.
Trial. If the matter doesn't resolve, it goes to trial. We prepare for trial on every file from the first retainer.
Can a theft charge be withdrawn?
Sometimes, yes. Grounds for withdrawal include insufficient or inadmissible evidence, a defect in how the charge was laid, or Crown discretion when the public interest doesn't require a conviction. These are assessed after disclosure is reviewed — not assumed.
Is "I was going to pay" a defence?
Intention is a required element of theft — the Crown must prove you intended to permanently deprive the owner of the item. How that plays out depends entirely on the specific facts and the evidence. It is not a defence to assume and assert without examining what the evidence actually shows.
Do I have to go to court myself?
For most summary theft matters, a paralegal can appear on your behalf at most appearances — you do not need to attend every court date personally. This is one of the practical advantages of retaining representation early.
What should you do right now?
Do not plead guilty. Not at your first appearance, not without getting advice first. A guilty plea to a theft charge creates a criminal record. Many people plead guilty because they feel the situation is hopeless or they just want it over with — and then spend years dealing with the record that follows.
Do not ignore the court date. Missing your court date creates a separate charge — failure to appear — and results in an automatic conviction on the original matter.
Call early. The earlier representation is retained, the sooner we can request disclosure and assess what's realistic. Some resolution options close as the matter progresses.
Charged with theft under $5,000? Have the disclosure reviewed before you decide anything. The first call is free — a confidential 20-minute conversation about your specific charge and what the realistic outcomes are. If your matter is outside our scope, we'll say so and refer you to the right person. Call 1-866-647-6468 or book a consultation at pointdutytraffic.com.
— Point Duty Traffic Court Defence & Legal Services
This article is general information about Ontario criminal law and is not legal advice. Whether a charge can be resolved, and how, depends on the disclosure, your record, and the specific facts. Speak with a licensed paralegal about your matter.