R. v. A.A.A.

(Calgary, P.C. - theft under $5000). Theft under $5000 is, generally speaking, one of the least serious property offences. What can make "theft under" more serious is if the stealing occurs while the accused is in a trust relationship. A "trust relationship" essentially encapsulates circumstances where the alleged victim exists in circumstances where he or she must rely on the truth, honestly and/or relationship of the accused. An example of a trust relationship exists between employees and employers. In a domestic context, a relationship example of trust occurs between husband and wife. 

If theft under $5000 is committed by a first time accused who is not in a trust relationship, there is a very good prospect that the case can be diverted through the Alternative Measures Program (AMP). This is precisely what happened to AAA. 

AAA's case involved an allegation of minor theft of a non-trust nature from a department store. AAA was issued a "Trespass Notice" that prohibited attendance at the store. The value of the alleged theft was under $100. The Crown agreed to divert the accused through Alternative Measures. The accused successfully completed the program and the case was withdrawn.

Even the least experienced Calgary criminal lawyer appreciates that minor non-trust thefts of relatively low value by first time accused are eligible for diversion through Alternative Measures. The benefit of the Alternative Measures Program is that society is compensated -- usually by way of a donation or community service -- while the accused (if the program is finished) guarantees no criminal record while mitigating legal fees and the courts save time and expense prosecuting more trivial cases.