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Possession of stolen property is a serious criminal offence under the Criminal Code of Canada. You can be charged even if you did not steal the property yourself. The offence focuses on whether you knowingly possessed property that was obtained through crime.

A conviction can result in:

• A permanent criminal record
• Jail time
• Fines and restitution
• Weapons and probation prohibitions
• Serious employment and travel consequences, including to the United States
  
  

These charges often appear alongside theft, break and enter, fraud, or robbery allegations, making early legal advice critical.

What Counts as Possession of Stolen Property?

To secure a conviction, the Crown must prove:

1. The property was obtained by crime
2. You were in possession of the property (actual or constructive)
3. You knew the property was stolen, or were wilfully blind
4. You intended to exercise control over it
   
   

Possession does not require the item to be in your hands. It can include:

• Property in your vehicle
• Property in your residence
• Property in a storage unit
• Property jointly controlled with others
  
  

Examples include:

• Driving a stolen vehicle
• Possessing stolen tools or electronics
• Holding stolen cash or merchandise
• Storing stolen items for someone else
  
  
  

Types of Possession of Stolen Property Charges

Possession Under $5,000

Applies where the value of the alleged stolen property is less than $5,000. This is a hybrid offence, meaning the Crown may proceed by summary conviction or indictment.

Possession Over $5,000

Applies where the alleged value exceeds $5,000. This is always prosecuted as an indictable offence and carries far greater sentencing exposure.

Possession of Stolen Motor Vehicles

Motor-vehicle possession cases receive special attention because of:

• Insurance fraud concerns
• Public-safety risks
• Links to organized theft rings
  
  

These cases are typically prosecuted aggressively.

Penalties and Sentencing for Possession of Stolen Property

• Possession Under $5,000:
  • Up to 2 years less a day in jail
  • Or fines, probation, or both
• Possession Over $5,000:
  • Maximum: 10 years in prison
    
    

In addition to imprisonment, courts often impose:

• Restitution orders
• Lengthy probation
• Vehicle or property forfeiture
• A permanent criminal record
  
  

Sentencing depends on:

• Value of the property
• Type of property (vehicles, firearms, tools)
• Whether the offence relates to organized crime
• Prior criminal record
• Whether the accused cooperated or returned the property
  
  
  

Life Consequences of a Possession Conviction

Beyond jail, a conviction can permanently affect your:

• Employment and bonding eligibility
• Ability to obtain professional or trade licences
• Housing applications
• Insurance access
• International travel
• Reputation within the community
  
  

These collateral consequences often outlast any criminal sentence.

Possession of Stolen Property and Related Charges

These cases frequently include companion charges such as:

• Theft
• Break and enter
• Fraud
• Mischief
• Motor-vehicle theft
• Failing to comply with release or probation conditions
  
  

Multiple charges greatly increase negotiation and sentencing risk.

Defending Possession of Stolen Property Charges

Strong defences often focus on whether the Crown can actually prove:

• That the property was in fact stolen
• That you had knowledge it was stolen
• That you had control or possession of the item
• That police lawfully searched and seized the property
• That surveillance or informant evidence is reliable
  
  

Common Charter-based defences include:

• Unlawful vehicle stops
• Illegal searches of homes, vehicles, or backpacks
• Unlawful detention or arrest
• Improper seizure of goods
  
  

At KJR, every possession case is reviewed with a Charter-first, evidence-driven defence strategy.