Theft & Fraud — Brampton & Peel
A theft and fraud lawyer in Brampton defends property and dishonesty offences under the Criminal Code: theft under and over $5,000 under section 334, fraud under and over $5,000 under section 380, possession of property obtained by crime under section 354, and related charges such as identity fraud, forgery and unauthorized use of a credit card. Charges laid by Peel Regional Police are heard at the A. Grenville and William Davis Courthouse on Hurontario Street in Brampton. The $5,000 line matters more than most people expect, because it decides whether the charge is hybrid or indictable only, which in turn drives Crown screening, diversion eligibility and immigration exposure. A first-time shoplifting allegation is frequently diverted out of the criminal system entirely. A theft or fraud from an employer is treated very differently, and jail is a live Crown position even on a first offence.
Theft under section 322 is taking or converting property fraudulently and without colour of right, with intent to deprive the owner of it. Fraud under section 380 is depriving someone of property, money or a valuable security by deceit, falsehood or other dishonest means. The value alleged fixes which offence appears on your paperwork.
| Charge | Classification | Maximum penalty |
|---|---|---|
| Theft under $5,000 (s. 334(b)) | Hybrid | 2 years by indictment; 2 years less a day on summary conviction |
| Theft over $5,000 (s. 334(a)) | Indictable only | 10 years |
| Fraud under $5,000 (s. 380(1)(b)) | Hybrid | 2 years by indictment; 2 years less a day on summary conviction |
| Fraud over $5,000 (s. 380(1)(a)) | Indictable only | 14 years; a two-year minimum applies where the total value exceeds $1 million |
| Possession of property obtained by crime (s. 354) | Hybrid under $5,000; indictable only over | 2 years under; 10 years over |
| Identity fraud (s. 403), forgery (s. 367), unauthorized use of credit card data (s. 342) | Hybrid | 10 years by indictment |
Two consequences flow from the classification. An indictable-only charge such as theft over or fraud over is not eligible for the diversion programs that resolve most first-time shoplifting files, and its ten- or fourteen-year maximum makes any conviction serious criminality for immigration purposes regardless of the sentence. The firm’s general theft and fraud pages explain the elements of each offence in more depth, and break and enter allegations, which often travel with theft counts, are covered separately.
Most retail theft files in Brampton begin with a loss prevention officer, a hold in a back office and a call to Peel Regional Police. For a first-time allegation of theft under $5,000 involving a modest amount, with no record and no aggravating features, the Peel Crown will frequently screen the file for diversion. In Ontario that program is called Direct Accountability, and it typically involves community service, a donation, a course or a letter of apology. On completion the charge is withdrawn, and there is no finding of guilt and no criminal record.
Diversion is not automatic and it is not offered by the police at the store. It is a Crown screening decision, made after the file reaches the courthouse, and it can be influenced by what counsel puts in front of the Crown about the person, the circumstances and any steps already taken. Two things regularly damage a divertible file before a lawyer is involved: a detailed statement to the loss prevention officer or the police, and a civil demand letter from the retailer that is paid in a panic or ignored. The civil letter is a separate matter from the criminal charge, and paying it does not end the prosecution. Take advice before responding to either.
An allegation that you took money or goods from your employer, whether by pocketing cash, manipulating refunds, altering timesheets, running a false invoicing scheme or misusing a company card, is screened as a breach of trust. Section 718.2 of the Criminal Code makes abuse of a position of trust an aggravating factor at sentencing, and section 380.1 adds specific aggravating factors for fraud, including the number of victims and the impact on them. Ontario courts have said repeatedly that breach-of-trust fraud of a significant amount usually calls for jail even for a first offender with an otherwise exemplary life.
These files are also built differently. The evidence is often an internal investigation, an audit, point-of-sale reports and a recorded interview with a manager or a corporate investigator, conducted before the police were called and without any of the protections that apply to a police interview. Counsel examines how that investigation was run, what the accounting evidence actually proves about who did what, and whether the loss figure in the synopsis survives scrutiny. Where a forensic accountant is needed to test the Crown’s numbers, that decision is made early.
Restitution matters on these files more than on almost any other. Section 738 allows the court to order it, and a fully repaid loss before sentencing changes the Crown’s position and the court’s view of the case. How and when to repay is a strategic decision to make with counsel, not on the employer’s timetable.
Few first-time theft or fraud files in Peel end in jail, but the record is the real penalty. A conviction for a crime of dishonesty appears on every criminal record check for the rest of your working life, and it is the category of conviction employers, licensing bodies and bonding companies screen for most aggressively. Financial services, healthcare, education, security, transportation and any job handling cash or inventory are affected directly.
For non-citizens, the analysis is sharper. Theft under and fraud under are hybrid offences, which the Immigration and Refugee Protection Act treats as indictable, so a single conviction makes a student, worker or visitor inadmissible. Theft over and fraud over carry maximums of ten years or more, which makes a conviction serious criminality for a permanent resident regardless of the sentence imposed. A diversion, a peace bond, a withdrawal or a discharge each avoid a conviction, which is why they are worth working toward and why immigration advice should be obtained before any plea. See immigration consequences of a criminal conviction. Travel to the United States is also affected, because theft and fraud are crimes involving moral turpitude under American immigration law.
Drawn from the firm’s published Cases History. Every case turns on its own facts and evidence, and past results do not guarantee a similar outcome.
The Crown’s case rested on identification evidence with inherent frailties. On the trial date, after those weaknesses were put to the Crown, every charge was withdrawn on the client completing community service hours, ending the prosecution without a finding of guilt or a criminal record.
Peel theft and fraud charges begin in the Ontario Court of Justice at 7755 Hurontario Street. Most theft accused are released by police at the scene or the division on an undertaking, and the first appearance is almost always in courtroom 104 at 9:00 a.m., the adult case management court for people who have not yet retained a lawyer. Your release papers list the exact courtroom and date, and the daily list is posted at ontariocourtdates.ca from 4:00 p.m. the day before.
You do not normally have to attend in person. Under the Ontario Court of Justice’s case management notice, accused people may appear at first appearances and other case management dates by Zoom unless a judicial officer directs otherwise. The coordinates for courtroom 104 are published on the court’s Brampton page:
| Courtroom 104 | Details |
|---|---|
| Sitting | Monday to Friday, 9:00 a.m. Counsel matters are called first; self-represented matters from about 10:00 a.m. |
| Zoom video | ca01web.zoom.us/j/67805418119, meeting ID 678 0541 8119, passcode 109554 |
| Zoom by phone | 647-374-4685 or toll-free 1-855-703-8985, same meeting ID and passcode |
| In person | A. Grenville and William Davis Courthouse, 7755 Hurontario Street, Brampton, L6W 4T1 |
The first appearance is administrative. Counsel is confirmed, the status of disclosure is noted and the next date is set. On a divertible shoplifting file, this is also where the Crown’s screening position becomes known, and where counsel can begin the diversion conversation rather than waiting several weeks for the next date. Once you retain a lawyer, the file moves to courtroom 307, the retained-counsel case management court, and with a designation of counsel filed your lawyer can attend those appearances without you. Where the accused is under 18, which is common on retail theft files, the Brampton youth criminal lawyer page explains how extrajudicial measures under the Youth Criminal Justice Act change the picture. How Peel files move from the first appearance to resolution or trial is on the Brampton criminal lawyer page.
You speak directly with a lawyer, and the firm works with clients and their families in English, Punjabi and Hindi. Flexible payment plans are available on retained matters where that fits the file. Offices in Mississauga and at 100 Queen St W, Brampton. Call 416-502-8555.
General information about Ontario criminal law, not legal advice for your matter. Last reviewed September 2026.
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A dishonesty conviction follows you into every job application and border crossing. On most first-time files there is a route that avoids one, if the work starts early.
Answers to the questions we hear most from people charged by Peel Regional Police with theft, fraud, possession of stolen property and related offences. Every file turns on its own facts.
Often not. A first-time theft under $5,000 involving a modest amount, with no record and no aggravating features, is frequently screened by the Peel Crown for the Direct Accountability diversion program. On completion of community service, a donation, a course or an apology letter the charge is withdrawn, with no finding of guilt and no criminal record. Diversion is a Crown decision made at the courthouse, not something offered by the police at the store, and it can be lost by a damaging statement or a bad first appearance.
Theft under $5,000 is a hybrid offence with a maximum of two years, and it is eligible for diversion on suitable first-time files. Theft over $5,000 is indictable only, carries a maximum of ten years, is not eligible for diversion, and a conviction is serious criminality under immigration law regardless of the sentence. The value alleged by the Crown, not the value of what was recovered, sets the charge.
Yes. It is indictable only, with a maximum of fourteen years, and where the total value exceeds one million dollars a two-year minimum sentence applies. Where the fraud involved a position of trust, such as an employee taking from an employer, Ontario courts have said that jail is the usual outcome even for a first offender. The realistic exposure depends heavily on the amount, the duration, the restitution made and the strength of the evidence.
Not without advice. The civil recovery letter is a separate matter from the criminal charge, sent by or for the retailer, and paying it does not end the prosecution. Ignoring it has its own consequences. Take the letter to your lawyer alongside your release papers so that the two matters are handled together.
Repayment does not automatically end a prosecution, but it matters a great deal. On a divertible file it supports the diversion request. On a breach-of-trust file, restitution made before sentencing changes the Crown’s position and the court’s view of the case, and the court can order it under section 738 in any event. When and how to repay is a strategic decision to make with counsel.
Theft requires an intention to deprive the owner of the property. A genuine oversight, a scanning error or confusion about what was paid for is not theft, and the store’s own video and receipts are often the best evidence of it. Do not try to explain this to the loss prevention officer or the police on the day. Tell your lawyer, who will put it to the Crown with the evidence that supports it.
It can, seriously. Theft under and fraud under are hybrid offences, which the Immigration and Refugee Protection Act treats as indictable, so a single conviction makes a student, worker or visitor inadmissible. Theft over and fraud over are punishable by ten years or more, so a conviction is serious criminality for a permanent resident regardless of the sentence. Diversion, a peace bond, a withdrawal or a discharge each avoid a conviction. Get immigration advice before agreeing to any plea.
It is administrative. At the Davis Courthouse counsel is confirmed, disclosure status is noted and the next date is set. Unrepresented adults are usually scheduled in courtroom 104 at 9:00 a.m. and may attend by Zoom using meeting ID 678 0541 8119 and passcode 109554 unless a judicial officer directs otherwise. On a shoplifting file it is also where the Crown’s screening position first becomes known.
Yes. Kahlon Law works with clients and their families in English, Punjabi and Hindi, which on a theft or fraud file often matters most when a student or a newcomer needs to understand exactly what a conviction would do to their status. See the Punjabi-speaking criminal lawyer page.
If you have been charged with theft, fraud or possession of stolen property in Brampton or Peel, get advice before you speak to a loss prevention officer, your employer or the police again. Contact Kahlon Law and speak directly with a lawyer today.
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