The Criminal Code of Canada provides information to the public on all matters under its jurisdiction. A full copy of the Act can be found at https://laws-lois.justice.gc.ca/eng/acts/c-46/. We do not represent any government entity, nor do we have any affiliation with any government entity. We provide this link only as a reference for your perusal. We also do not make any claims as to the legal interpretation of any portion of our observations, but rely on our experiences to date.
The sections that apply to theft and fraud detection include defence of property, theft, robbery, break and entry, false pretense, fraud and uttering.
While we urge you to verify all information on the website, we provide you with an interpretation of how each section is relevant to your business. We do not offer or provide legal advice. This section solely is based on the experience we have encountered as investigators.
Defence — property
You can defend your property and keep people from entering if they are not entitled by law to enter. You also can protect your property from being taken, or, if the person has just done so, can retrieve your property. In addition, a person may reasonably assist you in protecting that property if they reasonably believe you are entitled to do so. The actions to protect or retrieve that property must be reasonable, given the circumstances.
Theft (section 322)
Theft occurs when someone fraudulently or without right takes or converts to their use someone else’s property. That theft occurs when the person takes action to cause it to be moved fom your possession. Generally, we have found that theft, in retail, does not require that a person leave the store with the items, but only that the owner of the property has been deprived of possession of it. For most businesses, your issues will involve theft, fraud or false pretenses.
Robbery (section 344)
Robbery may occur with or without a weapon, Courts view the threat or actual use as a weapon more seriously than threats that involve coercion, physical violence or insinuated violence.
Break and Enter with Intent (section 348)
When someone breaks into a business with the intent to commit an indictable offence such as robbery, theft, mischief or other damage, they are subject to a sentence upon conviction of up to 10 years.
False pretences (section 361)
False pretence is representing a fact that the person making the claim knows to be false and made with the intent of having another person act on it to their detriment. It may be holding out that the person represents a local charity, is authorized to purchase items or write cheques on behalf of a company or misrepresenting the value, quality or quantity of an item or service.
Fraud (section 380)
Fraud occurs when someone, using deceit or falsehood, defrauds another party of money or anything of value (includi9ng services). It is viewed more seriously than false pretences generally, carrying a maximum penalty of 14 years (if the value exceeds $5,000)
Uttering (452)
Uttering, unlike false pretenses, applies to the issuing of counterfeit money rather than NSF cheques.
Arrest without warrant (section 494)
This section is particularly relevant for businesses, managers and employees. Anyone can arrest someone who they observe committing an indictable offence. Additionally, a person can arrest someone who they believe has committed an indictable offence and is escaping from someone with the authority to arrest them. This section enables store managers and employees to make an arrest but, once they have done so they must “forthwith” deliver that person arrested to a police officer.
The important thing to note here is that, if you have not arrested a person but have indicated to them that they should accompany you back to the premises or to a secure area and they comply without being told they are under arrest, you may not have arrested them and, upon recovering your goods, may release them. Otherwise, if you physically restrained them or compelled them to return, they have been arrested and you must call the police.
Disclaimer: The previous sections do not constitute legal advice, but do reflect actual experience. For greater clarity, consult the Criminal Code of Canada.