It is an offence in Canada to be knowingly in possession of property that was obtained, directly or indirectly, from the commission of another offence. As this charge is often based on theft, it is commonly referred to as “possession of stolen property”. The actual offence you have been charged with will depend on a number of circumstances, such as whether the value of the property is over or under $5,000.
While some charges of possession of stolen property seem apparent, you may be surprised to find out that the Crown Prosecutor does not need to prove that you actually “knew” the item was stolen. Instead, they need to prove you were “willfully blind” or “reckless”.
Under the law, you are willfully blind when you attempt to intentionally overlook the facts surrounding the situation you are in, such as purposely not asking questions that would confirm suspicions you may have.
You are reckless if you are aware that what you are doing may be a criminal offence but you chose to do it anyway, regardless of the risk.
This could happen when you purchase an item for a price that seems “too good to be true” and under suspicious circumstances. For example, you may have purchased a brand-new flagship phone from someone you met online. While you knew that the phone usually sold for well over $1,000, you were only asked to pay $300. Instead of asking why the phone was so discounted, you chose to proceed with the purchase despite the many suspicions you had. Another example is storing items that you know were stolen for a friend or family member.
When You Are First Charged
When you are charged with possession of stolen property, you may not be formally arrested. Instead, you may be given a Promise to Appear or an Appearance Notice. If you are taken into police custody, you may be released on an Undertaking which may contain conditions. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
You could face additional charges if you do not follow the conditions of your release. Such conditions may include not attending at a certain address or not to contact other involved parties. You may be subject to other conditions tailored to you and the circumstances of the alleged crime.
It is very important that you keep any documents that are given to you. These documents will list the conditions you need to adhere to, as well as the date and time of your first appearance in Court. You may also be required to attend a police station to provide fingerprints. If you fail to do so, you could very likely face additional charges.
These documents will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. For example, if you are charged in Fort Saskatchewan, you will likely be required to attend at the Provincial Court in Fort Saskatchewan, even if you normally live in Leduc. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community.
What You Can Expect
It is important to call us right away at 780-686-7948 if you have been charged with possession of stolen property. Even the most “simple” circumstances can result in a criminal record which could result in you facing a number of consequences and challenges, even after sentencing is complete. You could face difficulties and even be prohibited from entering certain countries. You could also face challenges in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional immigration consequences.
Facing a criminal charge can be intimidating, but Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
Sentencing
While each case is unique, possible sentences for a conviction of possession of stolen property include:
- Jail (Up to 10 Years)
- Fines
- Probation
- Discharge