322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
Time when theft completed
(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
Purpose of taking
(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
Theft and possession
657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.
Accessory after the fact
(2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.
The Crown will typically prove the following:
identity of accused
date and time of incident
jurisdiction (incl. region and province)
property was owned by someone (use witness or documents under ss. 491.2 and 657.1)
value of the property
continuity of the property
file photo of property or actual property as exhibits (s. 491.2)
accused took or converted property
the owner did not give permission for the accused to take or convert it
the items were not given to the accused in good faith (no colour of right)
the accused intended to deprive the owner of the property
In a case of shoplifting the Crown will typically prove, in addition to the general elements of proof, the following:
That the accused did not pay for items or make attempt to pay.
That the accused did not have money to pay for the items.
Whether the accused had property in possession at time of arrest.