In Ontario, fraud and theft are criminal offences defined under the Criminal Code of Canada, which applies across all provinces. While both involve taking or using another person’s property without permission, they differ in how the offence is carried out and the type of dishonesty involved.
Theft occurs when a person takes, converts, or uses property that belongs to someone else with the intent to deprive the owner of it, even temporarily. Theft can involve physical items, money, or property rights. The Crown must prove that the accused took the property without consent and intended to keep it, use it, or deal with it as their own. Theft charges are divided into two categories: theft under $5,000 and theft over $5,000, with the latter carrying more serious penalties. Shoplifting, stealing from a workplace, or taking someone’s belongings are common examples.
Fraud involves the use of dishonesty, deception, or falsehoods to cause another person loss or to put their property, money, or economic interests at risk. Unlike theft, fraud does not always require the actual taking of property; the risk of loss alone can be enough. The key elements are dishonest conduct and an intention to defraud. Examples include credit card fraud, identity fraud, forging cheques, insurance fraud, or misleading someone for financial gain. Fraud is also classified as fraud under $5,000 or fraud over $5,000, with larger, planned, or sophisticated schemes attracting harsher penalties.
Penalties for both offences can include fines, probation, restitution, jail, and a criminal record.
Fraud cases often receive heavier sentences when they involve breach of trust, significant financial loss, or vulnerable victims.
Defences may involve challenging intent, disputing ownership, or identifying Charter issues such as unlawful searches or unreliable evidence.
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