Definitions Under the Criminal Code of Canada
In Calgary, theft and fraud are criminal offences governed by the Criminal Code of Canada, and both are treated with serious legal consequences, depending on the value involved and the circumstances of the case.
- Theft is defined under Section 322 as the act of intentionally and fraudulently taking someone else’s property without their knowledge or consent. This includes both physical property and intangible assets.
- Fraud, under Section 380, involves the use of deceit, falsehood, or other fraudulent means to deprive any person of money, property, or services, or to put them at risk of such loss.
Common Examples in Calgary
Calgary’s growing population and increasing digital activity have contributed to a wide range of theft and fraud-related charges. Some common examples seen by Calgary police and defence lawyers include:
- Shoplifting from retail outlets in areas like Chinook Centre or CrossIron Mills
- Employee theft involving internal financial fraud or misuse of corporate accounts
- Credit card fraud and online transaction fraud, often investigated through digital forensics
- Identity theft, particularly cases involving stolen personal data used to obtain credit or government services
- Real estate and rental scams, including fake listings and fraudulent property sales or leases
See also: When Should You Hire a Personal Injury Lawyer in Nashville?
Classification of Offences: Summary, Indictable, and Hybrid
- Summary offences are less serious and typically result in lower penalties (e.g., shoplifting under $5,000).
- Indictable offences are more severe, such as large-scale corporate fraud, and can lead to years of imprisonment.
- Hybrid offences may be prosecuted either way, depending on factors such as the amount involved, prior criminal history, and aggravating circumstances.
How Calgary Police and Crown Prosecutors Handle Such Cases
The Calgary Police Service (CPS) often collaborates with financial institutions, cybersecurity units, and national anti-fraud centres to investigate these crimes. Once charges are laid, the Alberta Crown Prosecution Service will review the file and determine whether to proceed summarily or by indictment.
Prosecutors in Calgary consider factors such as:
- The accused’s intent and level of planning
- The value of property or money involved
- Whether the offence involved a breach of trust (e.g., employee theft)
- The accused’s criminal record, if any
Police and prosecutors are under increasing pressure to reduce white-collar and financial crimes, and Crown attorneys often seek custodial sentences in cases involving large sums, repeated behaviour, or harm to vulnerable individuals.
Legal Consequences of Theft and Fraud Charges
Potential Penalties Based on the Value of the Alleged Theft or Fraud
The Criminal Code of Canada classifies theft and fraud offences based on the value of the property or funds in question. This has a direct impact on the severity of sentencing.
- Under $5,000: This is typically charged as a summary offence or a hybrid offence, depending on the circumstances. Penalties can include:
- Fines
- Probation
- Up to 2 years less a day in jail (if treated as a summary conviction)
- Over $5,000: Generally treated as an indictable offence, which can result in more severe consequences, including:
- Lengthy jail terms (up to 10 years for theft and up to 14 years for fraud)
- Larger fines or restitution orders
- A more serious impact on one’s criminal record
In Calgary courts, judges assess aggravating and mitigating factors, such as breach of trust (e.g., employee theft), repeat offences, or the sophistication of the fraudulent activity.
Criminal Record Implications in Alberta
A conviction for theft or fraud in Alberta will typically result in a permanent criminal record, unless the individual qualifies for and receives a record suspension (formerly a pardon). A criminal record can impact:
- Employment opportunities (especially in sectors requiring trust or security clearance)
- Volunteer work and licensing for professions such as finance, healthcare, or law
- Eligibility for housing or post-secondary education
Restitution Orders, Probation, and Jail Sentences
In many Calgary cases, the court may order the offender to pay restitution to the victim for any financial losses. This is common in fraud cases involving credit card misuse, identity theft, or real estate scams.
Additional consequences can include:
- Probation with strict conditions (e.g., attending counselling, staying away from victims or certain locations)
- Conditional or intermittent sentences, especially for first-time offenders
- Incarceration, particularly in serious or repeat offences
Calgary judges have discretion but often apply sentencing principles that focus on both accountability and rehabilitation, depending on the context.
Impact on Employment, Immigration Status, and Travel
Beyond legal penalties, a theft or fraud conviction can severely affect other areas of life:
- Employment: Many employers in Calgary conduct background checks, and a conviction can be a barrier to hiring or promotion.
- Immigration Status: For permanent residents or temporary residents (e.g., international students or work permit holders), a conviction may lead to inadmissibility or even deportation under the Immigration and Refugee Protection Act.
- Travel Restrictions: Some countries, including the United States, may deny entry to individuals with a criminal record, particularly for offences involving dishonesty.
Alberta’s Focus on Deterrence in Financial Crime Cases
In recent years, Alberta’s justice system has emphasized deterrence in cases of white-collar and financial crimes. With Calgary being a major hub for banking, real estate, and oil and gas industries, the province is committed to protecting economic integrity.
Crown prosecutors often pursue strong sentencing recommendations in fraud cases involving:
- Seniors or vulnerable victims
- Corporate or institutional losses
- Repeat or professional fraudsters
How a Calgary Criminal Lawyer Can Help
Case Assessment and Legal Advice
The first step a Calgary lawyer takes is to thoroughly assess your case. This includes:
- Evaluating disclosure and evidence: Reviewing the police reports, witness statements, video surveillance, and financial documents to identify strengths and weaknesses in the Crown’s case.
- Advising on plea options or diversion programs: Based on the evidence and your personal circumstances, your lawyer can help you understand whether it’s better to fight the charges in court or resolve the matter through a plea agreement or alternative measures.
Defence Strategy Development
A key role of a Calgary criminal defence lawyer is to build a strong, personalized defence strategy:
- Challenging evidence: This could involve disputing the authenticity of surveillance footage, questioning witness credibility, or raising doubt about digital forensic findings.
- Proving lack of intent or mistaken identity: Especially in fraud or shoplifting cases, your lawyer may argue that there was no criminal intent or that the wrong person has been identified.
- Exploring potential Charter violations: If your rights under the Canadian Charter of Rights and Freedoms were violated—such as through an unlawful search, illegal detention, or denial of legal counsel—your lawyer may file an application to exclude certain evidence or have the charges stayed.
Representation in Calgary Courts
Navigating Alberta’s court system can be overwhelming, especially if you’re unfamiliar with legal procedures or courtroom etiquette. A Calgary-based lawyer provides:
- Representation at all stages, including bail hearings, pre-trials, and trials in the Provincial Court of Alberta or Court of King’s Bench, depending on the seriousness of the charge.
- Negotiation with Crown prosecutors, which is often critical in seeking:
- Withdrawals of charges in weak cases
- Reduced charges (e.g., fraud over $5,000 reduced to under)
- Conditional discharges or non-custodial sentencing where appropriate
Access to Alternative Measures
For individuals with no prior criminal record or who are facing minor theft or fraud charges, your Calgary lawyer may explore eligibility for Alberta’s Alternative Measures Program (AMP). This diversion program allows first-time offenders to avoid a criminal conviction by completing specific conditions, such as:
- Community service hours
- Restitution to the victim
- Counselling or theft prevention programs
Successful completion of AMP results in withdrawal of the charge, meaning no conviction or criminal record.
Why Hiring a Calgary-Based Lawyer Matters
Familiarity with Calgary Courts, Judges, and Local Crown Counsel Practices
A lawyer who regularly practises in Calgary’s Provincial Court and Court of King’s Bench is likely to be familiar with:
- The judges’ preferences and courtroom procedures
- The tendencies of local Crown prosecutors
- Specific protocols and timelines used at the Calgary Courts Centre
This knowledge can help tailor your defence strategy more effectively and improve negotiation outcomes. For example, some Calgary judges may favour rehabilitation and diversion for first-time offenders, while others may adopt a more punitive stance in financial crime cases.
Experience with Regional Trends in Prosecuting White-Collar and Theft-Related Crimes
Theft and fraud are prosecuted aggressively in Alberta, particularly in a metropolitan area like Calgary where economic crimes can significantly impact businesses and the public. A Calgary-based lawyer will:
- Be up to date with local precedents and recent case law
- Understand how the Crown approaches cases involving breach of trust, senior victims, or organized fraud schemes
- Recognize which types of evidence are commonly relied upon by local law enforcement (e.g., security footage, bank records, digital forensics)
Ability to Connect Clients with Local Resources
Many cases—especially those involving youth, mental health issues, or financial stress—benefit from access to support services. A Calgary lawyer can connect clients with:
- Financial counsellors to assist with debt, budgeting, or restitution
- Rehabilitation and addiction services if substance use contributed to the offence
- Community support programs that may strengthen your position in court or as part of a diversion plan
Judges in Calgary often view proactive engagement with these services favourably when considering sentencing or conditional discharges.
Convenient In-Person Support
Being local also means your lawyer can:
- Quickly attend urgent court dates, such as bail hearings
- Meet with you in person to prepare testimony or review disclosure documents
- Represent you effectively without delays caused by travel or unfamiliarity with Calgary’s legal system
This level of accessibility is critical, particularly in time-sensitive matters or when unexpected developments occur.
What to Do If You’re Charged with Theft or Fraud in Calgary
Here’s what to do if you find yourself facing charges in Calgary:
Do Not Speak to Police Without Legal Representation
It’s important to remember that you have the right to remain silent and to consult with a lawyer. Anything you say to police can be used against you in court—even seemingly innocent explanations.
- Politely decline to answer questions until you have spoken with a lawyer.
- Request to speak with duty counsel or contact a private Calgary criminal defence lawyer as soon as possible.
Gather Relevant Documents, Receipts, and Records
As soon as you are able, start collecting any evidence that may support your case. This includes:
- Receipts, invoices, or emails that show you had permission or ownership of the property
- Bank or transaction records if financial matters are involved
- Messages or communications that may demonstrate intent, misunderstanding, or consent
Your lawyer can use this material to challenge the Crown’s evidence or negotiate a more favourable resolution.
Contact a Calgary Criminal Defence Lawyer as Soon as Possible
Don’t delay in getting legal help. A local lawyer who understands Calgary’s legal landscape can:
- Explain the charges against you
- Review disclosure from the Crown
- Begin preparing your defence or exploring diversion programs like Alberta’s Alternative Measures Program (AMP)
Early intervention by a lawyer often results in better legal outcomes, including reduced charges, bail release, or withdrawal of charges in some cases.
Follow All Bail or Release Conditions While Preparing Your Case
If you are released on bail or subject to any court-imposed conditions, strictly follow them. These conditions may include:
- No-contact orders with certain individuals
- Staying away from specific locations (e.g., a store or workplace)
- Reporting to a probation officer or attending counselling
Failing to follow these conditions can result in additional charges or revocation of bail. It also damages your credibility before the court.
