Possession of Stolen Property Lawyers in Toronto
Possession of stolen property is a charge that results from having property knowingly obtained through crime in your control. It is not relevant whether you were the one who stole the property, but simply whether it is in your possession and you knew it was stolen.
Section 354 of the Criminal Code of Canada states the offence of possession of stolen property as follows:
Possession of property obtained by crime
354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
According to the Criminal Code, a person can have something in their possession in three different ways:
- Personal possession: the object is actually in their physical custody with knowledge of what the item is (e.g. in a pocket or backpack);
- Constructive possession: the object is not in the physical custody of the person, but is in a place under their control, kept for their benefit (e.g. in their closet at home or in a safety deposit box); or
- Joint possession: the object is in the physical custody of another person, with each person having control over it (e.g. held by a friend or family member).
Punishment for possession of stolen property is generally divided into two categories:
- The property is valued at more than $5,000
- The property is valued at less than $5,000
In order to be found guilty of possessing stolen property in Canada, the Crown Prosecutor is required to prove each of the following elements beyond a reasonable doubt:
- You were in possession of the property;
- The property you possessed was obtained through crime;
- You knew you were in possession of the property;
- You knew the property was obtained through crime; and
- The approximate value of the property.
Many people will insist that they did not know they had the property, or know that it was stolen. However, if the Court determines that you ought to have known or ought to have investigated further, you may still be convicted. For example, if you purchased goods that appear stolen but chose not to ask in order to deny knowledge if caught, that may be sufficient enough to support a conviction.
Investigation of Possession of Stolen Property Charges in Toronto
An investigation of an allegation of possession of stolen property in Toronto is typically initiated by a complaint from a witness to the alleged stolen property. This witness may be the alleged victim, who claims that their personal property was taken without their consent, or it may be someone who claims to have witnessed the property enter your possession. The police will attend the scene and request a written statement from the alleged victim or any other witnesses, then launch an investigation. If the police search you for a different reason, but discover allegedly stolen property during the search, they may begin a new investigation relating specifically to the property.
After the police have gathered their evidence, they will arrest you if they believe you are the perpetrator. If you are not present at the scene, police will track you down or issue a warrant for your arrest.
After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.
Bail Process and Conditions for Possession of Stolen Property Charges in Toronto
How do I get myself or a loved one out on bail for possession of stolen property charges in Toronto?
If you have been charged with possession of stolen property, it is not uncommon for police to release you at the scene on a release order. Police will provide you with a Promise to Appear document outlining your charges, and any required appearances you must make. This document may also include conditions that you are required to follow while on release.
However, a formal bail hearing may be required to secure your release, particularly if you have a criminal record, or if the allegations are more serious.
In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours. Note that the 24-hour period starts from the moment of arrest or detention rather than the time when you are brought to the Division.
The phone number for each division is 416-808-[Division Number – 00], so for example, the number for 52 Division is 416-808-5200. The addresses for each division of the Toronto Police Service can be found here.
Penalties for Possession of Stolen Property Charges in Toronto
Since the penalty for possession of stolen property depends on the value of the property, a wide array of potential sentences may result if you are found guilty. The potential penalties can range anywhere from a discharge (i.e. a finding of guilt, but no criminal conviction), to a fine and/or probation, to a period of jail time.
The Criminal Code outlines the maximum allowable punishment for possession of stolen property as follows:
- For property valued over $5,000 or a testamentary instrument: Not more than 10 years of jail time.
- For property valued under $5,000: Not more than 2 years of jail time.
The potential sentences available to you will depend on a variety of factors, including the amount of property, any relationship between you and any alleged victim, your criminal history, and other applicable personal factors.
While a number of factors could increase the likelihood of jail time, some of the most significant factors are:
- Whether the property value was over $5,000;
- Whether the property was brought into Canada from another country; and
- Whether the offence involved communication with a criminal organization.
If any factor is present in your case, the Crown will almost always seek a jail sentence.
In addition to the penalties above, a conviction for possession of stolen property, even of a small amount, can have wide-ranging negative consequences on your future. Possession of stolen property is considered a “crime of dishonesty” and a conviction will therefore affect your reputation in your community. Potential employers may refuse or terminate your employment if their business involves handling money or the use of valuable property. Your friends, family and peers may view you as unworthy of their trust.
Therefore, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the possible penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.
Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences that stem from a criminal conviction for possession of stolen property. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.
Defending Possession of Stolen Property Charges in Toronto
What are the best defences to possession of stolen property charges in Toronto?
In possession of stolen property cases, the defences that may be available to you depend on the facts of your case.
In general, the best defences are:
- Factual Innocence: This is usually the strongest defence because the facts and the evidence do not support you being there, possessing the property, or other basic elements of the offence. This could include:
- No mental intent: A common defence available in possession of stolen property cases is that you did not intend to possess the property. A basic example would be if you were holding something for a friend or family member with no reason to suspect it was stolen.
- You owned the property: Property cannot be stolen if it is legally yours. Therefore, if you are able to establish that you had a proprietary or possessory interest in the item, you may be able to defend yourself against the charges. Documents proving ownership of the property will likely be of significant assistance in raising this defence. However, even if you have a proprietary or possessory right in the good, if you take it from another person by fraudulent means, you could still be charged with possession of stolen property in certain circumstances. For example, you could not use the proprietary interest you have in your vehicle to retake it from an impound lot without paying the fee.
- Identity: In some circumstances where the offence was not recorded by surveillance footage, or the footage is poor quality, you may be able to raise an identity defence. For example, authorities could have made a mistake in identifying you as the perpetrator based on the poor quality of the footage. In order to effectively raise this defence, you may need corroborative evidence, such as an alibi to where you were at the time of the offence.
- Violation of constitutional rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it could aid in your defence.
- “Colour of Right”: This defence may arise when you honestly believed you had a lawful right to property, when in reality you did not. For example, if you purchased something online with the honest but mistaken belief that the seller was the legal owner, even though she was not. In order to raise this defence, you will need to establish a factual basis to show that you honestly and reasonably believed in this particular state of affairs.
- “Innocent Possession”: This defence may arise when you only had possession of the stolen property in order to return it to the legal owner or provide it to the police. For example, if a parent discovers their child stole a neighbour’s toy and they take the toy to return it. This defence will generally require proof of immediate, positive actions to surrender the property in order to be successful.
The Crown is required to prove that you not only had property obtained through crime in your control, but that you knew you did. While the Crown must prove beyond a reasonable doubt that you committed the offence, you may bear some responsibility in raising certain defences at trial.
The availability and strength of any defence depends entirely on the specific facts of your case. Our lawyers have significant experience assessing the availability and strengths of potential defences in possession of stolen property cases, as well as presenting any and all available defences to the Court at trial. Even if you believe that you will be found guilty, it is important that you obtain a legal opinion about defences that may be available to you.
How can I help defend possession of stolen property charges in Toronto?
If you have been charged with possession of stolen property in Toronto, the following can help your lawyer build a strong defence:
- Provide your lawyer with a statement about what happened;
- Collect and maintain all documents and records about the event;
- Gather a list of witnesses that may support your version of events; and
- Log any relevant texts, emails, phone calls or photographic evidence.
What information is relevant will depend on the facts in your case. As soon as you are released on bail, you should start to gather any information that may be of use to your lawyer. If you are uncertain what information may be relevant, you should contact one of our lawyers immediately to create a plan of action for gathering information.
If you are truly proactive about the matter, consider doing the following:
- Secure proof of employment;
- Secure reference letters;
- Enroll in counselling (anger management/substance abuse/parenting);
- Secure a record of prescriptions; and
- Secure a record of any mental health conditions you suffer from.
These steps can be very helpful for building an effective defence (or convincing the Prosecutor to drop the charges altogether).
What can a lawyer do to help me defend against possession of stolen property charges in Toronto?
As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause, including:
- Assembling documents, photographs, texts, etc. that contradict the allegation and support your defence;
- Gathering evidence from witnesses that support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches;
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.; and
- Finding weaknesses or “holes” in the Crown’s case that may make it difficult or impossible for them to establish the elements of the offence.
What Next?
Most of the information above relates to simple possession of stolen property cases, which can still be complex and fact-specific.
We have tried our best to provide a general outline of what you can expect if you find yourself in this situation. But this is just the tip of the iceberg.
To learn more about how we can help, please contact our team of Possession of Stolen Property Lawyers to conduct a thorough review of your situation so that we can tailor a precise strategy that targets your successful defence.
Possession of Stolen Property FAQs
