When someone is accused of stealing money or property, the terms theft and fraud are often used interchangeably. However, under Canadian criminal law, these offences are legally distinct and have separate elements, penalties, and implications.
If you’re facing criminal charges in Alberta related to dishonesty or deception, knowing the exact nature of the accusation is critical to building an effective legal defence.
Understanding the difference between theft and fraud isn’t just a matter of semantics, it’s about understanding your rights, the legal process, and the potential consequences.
In this blog, we’ll explore what sets these two charges apart and why working with an experienced criminal defence lawyer in Edmonton could make all the difference.
What Is Theft Under Canadian Law
In Canada, theft is defined under Section 322 of the Criminal Code. At its core, theft involves taking or using someone else’s property without their permission and with the intent to deprive them of it.
Key Elements Of Theft
- The accused must have taken something that doesn’t belong to them.
- The act must be done intentionally and without the owner’s consent.
- The accused must have intended to permanently deprive the owner of the item.
Examples of Theft
- Shoplifting a product from a retail store.
- Stealing someone’s wallet, phone, or car.
- Taking money from a roommate’s drawer without permission.
Penalties for theft vary based on the value of the property:
- Theft under $5,000 is a hybrid offence and may result in up to 2 years imprisonment.
- Theft over $5,000 is an indictable offence, with penalties of up to 10 years imprisonment.
Understanding Fraud Under Canadian Law
Fraud is addressed under Section 380 of the Criminal Code. Unlike theft, fraud involves deception or falsehood used to gain money, property, or a financial advantage.
Key Elements Of Fraud
- There must be a dishonest act (e.g., lying, misrepresentation, deceit).
- There must be intent to defraud another person or entity.
- The act must cause actual loss or risk of loss.
Examples of Fraud
- Using someone else’s credit card information to make purchases.
- Submitting false expense claims at work.
- Running investment scams or Ponzi schemes.
Penalties for fraud also depend on the amount involved:
- Fraud under $5,000: Up to 2 years imprisonment.
- Fraud over $5,000: Up to 14 years imprisonment.
- If the fraud involves public trust, vulnerable victims, or large-scale schemes, sentencing may be harsher.
Theft Vs. Fraud: A Legal Comparison Table
| Criteria | Theft | Fraud |
| Definition | Taking someone’s property without consent | Deceiving someone to gain property or financial benefit |
| Key Factor | Physical act of taking | Deception or false representation |
| Consent | No consent from the owner | The victim may initially consent due to deception |
| Mental Intent | Intention to permanently deprive | Intention to deceive and defraud |
| Value Matters? | Yes – under or over $5,000 affects penalty | Yes – under or over $5,000 affects penalty |
| Maximum Sentence | Up to 10 years (over $5K) | Up to 14 years (over $5K) |
| Examples | Shoplifting, stealing a car | Credit card scams, forged cheques, business fraud |
Why The Legal Distinction Matters
From a legal defence standpoint, how the Crown categorises the offence will significantly impact:
- The type of evidence required to prove the charge.
- The potential sentence.
- The defence strategies are available.
For example, theft often involves surveillance footage, eyewitness testimony, or physical recovery of the stolen property. Fraud, on the other hand, may require complex financial documentation, digital evidence, and expert analysis.
In both cases, intent is critical, but proving fraud often involves demonstrating a pattern of deception rather than a single act.
How A Fraud Lawyer Can Help You Navigate Complex Charges
Fraud has cost Albertans at least $156 million over the past few years. This increase has made fraud law a critical area of practice and courts are responding with tougher penalties for offenders.
But not every accusation is justified. Being charged with fraud in Alberta can carry serious reputational, financial, and legal consequences. The nature of these charges often leads to lengthy investigations, frozen bank accounts, and the risk of both civil and criminal liability.
A seasoned fraud lawyer like Daryl Royer can:
- Review and challenge the prosecution’s evidence.
- Negotiate with Crown prosecutors to reduce or drop charges.
- Represent you in court and protect your rights throughout the process.
- Identify technical defences, such as lack of intent or mistaken identity.
If you’re facing charges related to fraud or theft, you need more than general legal advice. You need someone who understands the intricacies of financial crime and has a strong record of defending complex cases in Alberta courts.
Enter Daryl Royer Criminal Law
Daryl Royer is a seasoned criminal defence lawyer based in Edmonton, with decades of courtroom experience defending clients against a wide range of serious charges, including theft, fraud, assault, and homicide. His practice is built on a commitment to protecting your rights and providing strong, informed legal representation every step of the way.
Visit our website to learn more or contact us today to schedule a confidential consultation.