R. v. E.A.A.

(Alberta Court of Justice, Calgary - Theft Under). Shoplifting, or "theft under $5000", is one of the most prevalent offences in Canada. Low level theft is occurring on a daily basis in retail outlets and other businesses. There are many reasons for shoplifting, including financial distress, housing costs, food insecurity, homelessness and joblessness.  While none of these issues are an excuse for stealing, our criminal justice system is sensitive to the longterm impact of a criminal record on individuals. The impact of a permanent criminal record could effect a plethora of opportunities for the accused and as such, petty theft -- generally considered to be less serious by our criminal law courts -- is often dealt through the Alternative Measures diversion program. 

EA was alleged to have committed petty shoplifting.  EA immediately shouldered responsibility and was remorseful. The value of the goods alleged to have been stolen in EA's case was a very small dollar value and as such, the Prosecution's response was -- as expected -- Alternative Measures Program (AMP) diversion. EA completed the program and the charges were withdrawn.

A reason I use the language "alleged to have committed" is because while the accused in an AMP diversion situation takes "responsibility" for his or her actions, the accused does not plead guilty. There is a difference between taking responsibility and pleading guilty. A person can take responsibility for the event that led to charges without necessarily being actually guilty of the crime. By way of example, in today's shopping culture it is not unusual for shoppers to carry their own bags. Sometimes bags are loaded in-aisle (in the store) and then unloaded at the till and then re-loaded for exit. While most of us probably think that people who fail to fully unloaded a bag at the point of sale are intentionally trying to steal items, there are rare occasions where the person may be distracted or caused to unintentionally leave an item in a bag. Loss prevention officers closely monitor this type of action. 

Our criminal justice requires proof beyond a reasonable doubt of the intention to commit the alleged offence. This is called mens rea. The alternative measures program provides a second chance to persons who may have been negligent, while not necessarily criminal. 

This Calgary criminal lawyer warns that in light of increased shoplifting in a manner that speaks to opportunity and entitlement, that Crown Prosecutor's may become more reluctant to respond to petty theft by way of the Alternative Measures Program. It is important to understand that only the Crown can agree to AMP.  As offences of planning with apparent intention become more prevalent, the likelihood of a criminal record saving AMP response may diminish. If you have been charged with shoplifting or theft under, there is a risk of a criminal record. While the amount purported to be stolen may be very low, it is important to appreciate that the impact on the business may be catastrophic. The Crown recognizes that businesses perish as a result of a multitude of small cuts. Therefore, if you have have been charged with theft under $5000, consider hiring one of the many qualified Alberta criminal defence lawyers to help with your case. The cost of a criminal record can have many negative life consequences.