Shoplifting is not a separate offence in the Criminal Code; it is theft that happens to occur in a retail setting, and it is prosecuted under the same general theft provisions that apply to any other theft. What makes shoplifting cases distinct is the process leading up to a charge, including how store security and loss prevention staff are legally permitted to intervene. This guide explains how shoplifting is charged, the legal limits on store detention, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
Shoplifting Is Prosecuted as Theft
There is no dedicated "shoplifting" section in the Criminal Code. Taking merchandise from a store without paying is prosecuted under the same general theft provisions discussed on our theft charges page, primarily sections 322 and 334. This means the same $5,000 value threshold applies: theft of merchandise valued at $5,000 or less is a hybrid offence, while theft of merchandise valued over $5,000, though far less common in typical retail cases, is a straight indictable offence.
Store Detention and Citizen's Arrest
Store security and loss prevention staff generally do not have the powers of police officers, but the Criminal Code gives property owners and their authorized agents a limited power of citizen's arrest under section 494. This allows a store employee to detain someone found committing an offence on the store's property, and, since amendments made in 2013, to make an arrest within a reasonable time after the offence if it was not feasible for police to make the arrest at the time. This power is not unlimited: the person effecting the arrest must turn the detained person over to police as soon as reasonably possible, and the force used in making the arrest must be reasonable in the circumstances.
The 2013 changes were introduced partly in response to a well-known incident in which a Toronto shopkeeper was charged after detaining a repeat shoplifter outside the reasonable-time window that then existed in the law. Parliament's response was to broaden, rather than narrow, the circumstances in which a lawful citizen's arrest could occur, while still requiring that police involvement follow as soon as reasonably possible. This history is a useful reminder that store detention powers, while real, remain narrower than the powers held by police.
Classification and Penalties
Because shoplifting is prosecuted as theft, the applicable penalties are the same as those set out for theft generally.
Shoplifting (Prosecuted as Theft, Section 334) at a Glance
- Classification – $5,000 or under
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – $5,000 or under
- Up to 5 years on indictment; up to 2 years less a day and/or a $5,000 fine on summary conviction
- Classification – over $5,000
- Indictable offence only, maximum 10 years (uncommon for typical retail theft)
- Mandatory minimum sentence
- None
These figures reflect the Criminal Code as of this page's last update. In practice, the large majority of shoplifting cases involve relatively low-value merchandise and are prosecuted summarily. A criminal lawyer can confirm the current state of the law for a specific case.
Civil Recovery Letters From Retailers
Many retailers, or third-party companies acting on their behalf, send letters demanding payment of a civil recovery amount after a shoplifting incident, separate from any criminal charge. These letters are a civil matter, not a criminal court process, and paying or not paying such a demand does not determine the outcome of any criminal charge laid by police. Anyone who receives this kind of letter, particularly alongside an actual criminal charge, should get legal advice before responding, since the two processes are legally distinct even though they arise from the same incident.
Being stopped by store security is not the same as being arrested by police, and store staff cannot formally charge anyone with a crime. Only police, and ultimately the Crown, can lay and pursue a criminal charge.
How This Relates to Other Charges
Shoplifting incidents can occasionally lead to additional charges depending on how the situation unfolds. If a person tries to leave and pushes or strikes a security guard in the process, an assault charge, or in more serious cases a robbery charge, may result, since force used to get away with stolen property while being detained can meet the definition of robbery. If someone is later found with merchandise they knew was stolen by someone else, a possession of stolen property charge may apply instead of, or in addition to, theft.
Large retailers often have internal loss prevention policies that go beyond what the law strictly requires, such as involving police for even very low-value incidents. This is a business decision, not a legal requirement, but it means shoplifting charges are sometimes laid for items of relatively minor value.
Possible Defences
Shoplifting cases often turn on whether the Crown can prove the required fraudulent intent, and on the reliability of surveillance footage or eyewitness identification, particularly in a busy retail environment. Genuine mistakes, such as forgetting an item in a cart or under a stroller, can sometimes explain an incident without any criminal intent, though whether this is accepted depends on the specific facts. Whether store staff followed the legal limits on detention and the use of force can also become relevant in some cases. A criminal lawyer should review the specific disclosure, including any store surveillance footage, before advising on possible defences.
What Happens After This Charge
Most people charged with shoplifting are released directly, often with a future court date, rather than held for a bail hearing, particularly for a first offence involving lower-value merchandise. Release conditions in these cases sometimes include a condition not to return to the specific store or, in some cases, the same shopping centre, which can create practical difficulties for someone who lives or works nearby; a lawyer can sometimes negotiate a narrower condition where appropriate. The case then proceeds through the standard court process, including a first appearance and disclosure. For a person with no record, outcomes such as a discharge or a diversion program may be available, while repeat offences are treated more seriously. See our sentencing overview and criminal records overview for more.
For a person with no prior record charged with a low-value shoplifting offence, some Crown offices and courthouses have informal or formal programs that can lead to a withdrawal of the charge after conditions are met, such as attending a program addressing the underlying conduct, completing community service hours, or paying restitution to the store. These programs are not available or appropriate in every case, and eligibility criteria vary. A criminal lawyer familiar with the local courthouse can advise on realistic options for a specific case.
Frequently Asked Questions
Is shoplifting a separate criminal offence from theft?
No. Shoplifting is theft that occurs in a retail setting, and it is prosecuted under the same general theft provisions of the Criminal Code that apply to any other theft.
Can store security legally detain someone suspected of shoplifting?
Yes, within limits. Section 494 of the Criminal Code allows a property owner or authorized staff member to arrest someone found committing an offence on the property, using reasonable force, and requires that the person be turned over to police as soon as reasonably possible.
Do I have to pay a civil recovery letter from a retailer?
A civil recovery demand is separate from any criminal charge. Whether and how to respond to such a letter is a legal question worth discussing with a lawyer, particularly if a criminal charge is also involved.
Will a shoplifting conviction show up on a background check?
A conviction for theft, including shoplifting, results in a criminal record that can appear on certain background checks. See our criminal records overview for more on how records work and what options may be available.
What should I do if I'm stopped by store security?
Remain calm, avoid physical resistance, and understand that you generally have the same right to remain silent with store staff as you would with police. Getting legal advice before making any statement, even to store security, is generally a good idea.