5.3 - Crimes Against Property+

Crimes Against Property, Etc.

The previous section, 5.2, introduced crimes against people.  This section introduces crimes against property, as well as several miscellaneous and morality crimes.

Theft Offenses

The first category of crimes to consider are those related to theft.   Theft is the taking of property permanently, or temporarily, without colour of right.  In order to more clearly understand the crime of theft, it is important to also understand who owns, or who has permission to use property.  The term colour of right addresses this, and it refers to the honest belief that a person owns or has permission to use an item.

The first two theft crimes to consider are simple ones.  The first is called theft under $5000, and it is when a person steals goods worth less than $5000.  This crime is a hybrid offence that carries a maximum 2 year penalty.  Examples of theft under $5000 include shoplifting, theft from vehicles, etc.  The second crime is called theft over $5000, and it occurs when a person steals goods worth more than $5000.  This is an indictable offense, and carries a maximum 10 year prison sentence.  Theft charges are among the most common criminal charges laid in Canada.

The next two theft charges include theft of goods, plus the addition of another crime element.  The first such charge is robbery.  Robbery is the theft of property using violence or the threat of violence.  This is a serious indictable offence, and thus carries a maximum life sentence.  Another serious theft crime is breaking and entering.  This crime is defined as the breaking or opening of something in order to gain entrance to a property without consent, and with the purpose of committing another indictable offence while inside.  This crime is also an indictable offence, and carries a maximum of 10 years (commercial property) or life (residential property).

The final offence related to theft to be discussed here is one focused on the results of a theft.  That is, possession of stolen property is the CCC charge that is used when a person is found to be in possession of property proven to have been stolen, but evidence is not clear that the individual actually stole the property in the first place.

Drug Offences

The second general category of crimes in this section are those related to drugs.  In Canada, these charges are typically found in the Controlled Drugs and Substances Act (CDSA).  This act defines a controlled substance as any drug listed in the Schedules I to IV of the act.  The drugs listed in these tables are grouped according to their potential harm to users.  The CDSA lists crimes related to possession, as well as distribution and sales.

Consider first the crime of possession of a controlled substance.  This offence occurs when a person is found to be in possession of a controlled substance, as listed in the CDSA.  It is a hybrid offence, with a 7 year maximum sentence.  Possession is broadly defined as the state of having knowledge of and control over something.  There are three key aspects of possession.  First, the person in possession must know what the item is, and have some measure of control over it.  Second, a person may be found in possession even if he or she gave the item to another person.  Third, a person can be charged with possession even if the person does not own the controlled substance or have it in his or her possession, as long as the person knows about it and consents to its possession by someone else.

The second category of drug offenses relates to the movement (selling, giving, transporting, or distributing) of controlled substances.  The first charge to consider in this category is called possession for the purposes of trafficking.  This crime refers to when someone is not caught in the act of selling, but has a quantity of controlled substances too large for personal use, or has paraphernalia common to the trafficking trade.  For example, this charge would be used if a woman is found to be in possession of 100 ecstasy pills in her apartment. The second related charge is called trafficking in a controlled substance, and refers to the selling, giving, transporting, or distributing of a controlled substance.  This charge would be used if a street dealer is caught in the act of  selling illegal drugs to an undercover police officer.  Both of these charges are hybrid offences, and carry a maximum sentence of life in prison.

New Cannabis Laws

Cannabis laws in Canada have recently undergone significant changes.  In 2001, the medicinal use of cannabis was legalized with certain restrictions; and then in 2018, the recreational use of cannabis was legalized  - again with a number of restrictions.  The following discussion summarizes a few of the key restrictions around recreational cannabis use in Canada.  The first restriction is age.  The legal age to buy, use, possess, or grow recreational cannabis in BC is 19 (other provinces or territories are 18 or 19).  Second, cannabis may be purchased only from a provincially licensed retail seller.  Third, anyone may possess up to a maximum of 30 gm carried in a public place; and up to 1000 gm per household stored at their home.  The fourth restriction relates to using cannabis in public places.  Cannabis may usually be used in public only where smoking or vaping is permitted.  Fifth, the consumption of cannabis is not permitted in vehicles, whether or not the vehicle is moving.  One exception to this is if the vehicle is an RV, and it is being used as a home, or is parked in a camping spot.  Finally, up to 4 cannabis plants may be grown in a household, as long as the plants are not visible from a public place (eg. the street).  Some locations such as stratas or Indigenous lands may not permit the growth of such plants.  Other than this brief summary of the restrictions around the new cannabis laws, other existing criminal offenses related to controlled substances (including cannabis) are still enforced across Canada.

Fraud & Mischief Offences

The third category of offences in this handout relates to fraud and mischief.  Fraud is intentionally deceiving someone in order to cause a loss of property, money, or service.  With the rapid growth of technology, fraud is one of the fastest growing areas of crime in society.  There are many types of fraud; mostly because there are many ways in which people could be ‘ripped off’.  Fraud involving an amount less than $5000 is considered a hybrid offense, with a maximum 2 year sentence; while fraud of greater than $5000 is an indictable offense, carrying a maximum sentence of 10 years.

Mischief is a very broad type of crime - one that can take many specific forms.  Mischief is defined as the willful destroying or damaging of property or data, the interfering with the lawful use of property or data, or the interfering with any person in the lawful use of property or data.  Examples of mischief could be as simple as graffiti vandalism, or as serious as laying a tree on a train track.  Mischief is a hybrid offense, with maximum sentences up to life (if a life was put in danger or lost because of the act).  Related to mischief is public mischief.  This hybrid CCC offence (5 year max sentence) occurs when someone provides false information that causes police to start or continue an investigation without cause.

Morality & Miscellaneous Offenses

The fourth general type of offences to consider in this section primarily relate to society’s expected standards of morality.  The  first offenses to discuss relate to prostitution.  Prostitution is the act of engaging in sexual services for money.  After undergoing recent changes, there are 4 key prostitution offences to examine.  Consider first the offence of obtaining sexual services for consideration.  This offence is simply buying sex for money.  It is a hybrid offence with a 5 year maximum sentence, unless it’s from a minor (under 18), where it’s an indictable offence with a 6 month-10 year sentence.  Also, the sentence is more severe if the transaction occurred anywhere near where minors often are found (like near schools, daycares, etc.).  The second key offence is advertising sexual services - a hybrid offence carrying a maximum 5 year sentence.  This offence does not apply to the person offering sexual services, but rather to third parties (eg. brothel owners, pimps, etc.).  Third, obtaining material benefit from sexual services is the charge related to third-party persons like ‘pimps’ making money from others selling sexual services.  Drivers, security personnel, etc. are exempt from this charge.  This is an indictable offence with a 10 year maximum sentence when the seller is an adult, or has a 2-14 year sentence when the seller is under 18.  The final prostitution-related offence to discuss here is procuring for the purpose of prostitution.  This crime occurs when someone recruits others to engage in acts of prostitution.  This is an indictable offence with a 14 year maximum sentence if the recruit is an adult, or a 5-14 year sentence if the recruit is under 18.

Another category of criminal offences related to the violation of standards of morality in society is child pornography.  Child pornography refers to any intimate and/or sexual representation (image, video, audio, etc.) of someone under 18.  The CCC outlines four main child pornography offences:  making child pornography (production of any representation of child porn), distributing child pornography (sharing of any representation of child porn), possessing child pornography (possession of any representation of child porn), and accessing child pornography (knowingly consuming any representation of child porn).  Making or distributing child pornography are indictable offences with 1 (min) to 14 (max) year sentences.  Possessing or accessing child pornography are hybrid offences  with 6 month (min) to 10 year (max) sentences.

The fifth general type of miscellaneous crimes to discuss here are those related to gambling.  The first key point to make is that gambling, in a general sense, is not illegal in Canada.  For example, having friends over to play poker for money is not a crime.  However, the act of keeping a gaming or betting house is a crime.  This is where the host charges entrance fees to gamblers or takes a percentage of the winnings of gamblers.  Such a crime is an indictable offence with a maximum 2 year sentence.  Another key gambling crime is betting, pool-setting, book-making, etc.  This crime involves running unregistered betting operations; and is an indictable offence with a 2 year maximum sentence.

The sixth and final category of miscellaneous crimes to examine is the crimes related to money laundering.  There really is just one crime to consider here, and it is the crime of laundering proceeds of crime.  This is where someone transfers cash or other property earned from illegal means to conceal its origin.  It is a hybrid offense, and carries a maximum 10 year sentence.

Summary

Sections 5.2 and 5.3 have introduced a number of common crimes found in the CCC.  The CCC contains many more crimes than these; but the crimes discussed here are meant to represent some of the more common criminal charges laid in Canada.