In Canadian criminal law, possession of stolen property is a serious offence that can apply in a wide range of situations. You don’t have to be the person who committed theft to be charged. Simply having something you know is stolen can expose you to criminal liability.
What Is Possession of Stolen Property?
The offence is set out under section 354(1) of the Criminal Code of Canada. It states that:
Everyone commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission of an offence in Canada that is punishable by indictment.
This means the Crown does not need to prove you stole the item—only that:
- The property was obtained through the commission of a crime;
- You had possession of it; and
- You knew that it was stolen or were wilfully blind to it being stolen.
What Does “Possession” Actually Mean?
To secure a conviction, the prosecution must prove beyond a reasonable doubt that you were in possession of the item.
Possession in criminal law is broader than just physically holding something. Under the Criminal Code of Canada, possession can be the following:
1. Actual Possession
Examples of actual possession include the following:
- The item is physically on you—like in your pocket or bag.
- If you are driving a stolen vehicle, you are considered to be in possession of the vehicle.
- If you are driving a vehicle with a stolen licence plate, you are considered to be in possession of the stolen license plate.
2. Constructive Possession
You have control over the item, even if it’s not on you. For example:
- Stolen property in your home
- Items stored in a locker or storage unit that you own or control.
The “Knowledge” Requirement
This is where many cases are won or lost. The Crown must prove beyond a reasonable doubt that you:
- Knew the property was stolen, or
- Were wilfully blind (you suspected it was stolen but chose not to ask questions)
Examples of Possession of Stolen Property
In Alberta, charges can arise in situations like:
- Operating a stolen vehicle
- Possessing stolen tools or construction equipment
- Holding onto property given to you by someone else, knowing that it was stolen
- Being found with stolen goods during a lawful traffic stop or search
Penalties and Consequences
The severity of the charge depends largely on the value of the property:
Property Over $5,000
- Hybrid offence (can be prosecuted summarily or by indictment)
- Maximum penalty: 10-years imprisonment
Property Under $5,000
- Hybrid offence (can be prosecuted summarily or by indictment)
- Maximum penalty: 2-years imprisonment
Additional impacts may include:
- Criminal record
- Seizure of property
- Difficulty securing employment or travel
- Potential immigration consequences for non-Canadian citizens
How These Cases Are Prosecuted in Alberta
In Alberta, Crown prosecutors will assess:
- The strength of evidence linking you to the property;
- Proof that the property was actually stolen;
- Whether you had intent or were wilfully blind;
- The circumstances of how you acquired it.
Common Defences
1. Lack of Knowledge
If you did not know the item was stolen, you have a strong defence.
2. No Proof the Property Was Stolen
The Crown must prove the property was obtained through a criminal offence.
3. No Possession
You did not have control or possession of the item.
4. Charter Violations
If your rights were violated (e.g., unlawful search), evidence may be excluded under the Canadian Charter of Rights and Freedoms.
Final Thoughts
Possession of stolen property is one of those offences that can catch people off guard. You don’t need to be part of a theft to face charges—just being connected to stolen property in the wrong way can be enough.
In Alberta, these cases hinge on details: how the property was obtained, what you knew, and whether your actions were reasonable under the circumstances.
If you’re facing a charge like this, it’s not something to navigate alone. A strong defence can ensure your side of the story is fully understood.
At White & Jeet Law, we know that not every situation is black and white—and when your future is on the line, clarity matters.
