To convict you of Possession of Property Obtained by Crime, the Crown must prove beyond a reasonable doubt that you knew the item was stolen, or were “wilfully blind” to that fact. Hiring a defence lawyer to fight this charge usually costs between $2,500 and $8,000 CAD, depending on whether the property value is over or under $5,000.
Buying a cheap, used laptop off Kijiji or purchasing a pre-owned vehicle through a private Facebook Marketplace ad might seem like a smart financial move. However, if that item turns out to be stolen, you could find yourself swept up in the Canadian criminal justice system. 🚨 Possession of Property Obtained by Crime (often referred to as PSP) is a highly common charge under Section 354 of the Criminal Code.
Whether you are in Vancouver, Calgary, or Halifax, the legal standard is identical across the country. The police do not just charge the person who originally stole the item; they aggressively prosecute anyone found holding the stolen goods. 📊 However, merely possessing a stolen item is not enough for a conviction; the Crown must prove your state of mind (mens rea), which is where a skilled criminal lawyer builds your defence.
Step-by-Step Process for Defending a Possession Charge
Facing a criminal charge requires immediate and strategic action to protect your freedom and prevent a permanent criminal record. Most individuals accused of this offence in Canada rely on an experienced law firm to navigate the court system. 📋 Here is the standard step-by-step process for handling a possession charge in Canada.
Step 1: The Arrest and Seizure
If the police discover you in possession of a stolen vehicle, bicycle, or electronics, you will be arrested, and the property will be seized immediately as evidence. The police will issue you an Appearance Notice or a Promise to Appear, which dictates the exact date you must attend court for your first appearance and fingerprinting.
Step 2: Determining Over or Under $5,000
The severity of the process depends on the value of the goods. If the property is valued at under $5,000 CAD, it is a hybrid offence, and the Crown will usually proceed by summary conviction. 🔍 If the property value exceeds $5,000 CAD, it is also a hybrid offence under Section 355(a) of the Criminal Code. This gives the Crown the option to proceed either by summary conviction (carrying up to 2 years less a day) or by indictment (carrying up to 10 years in prison).
Step 3: Reviewing Crown Disclosure for “Wilful Blindness”
Your lawyer will obtain the disclosure, which is the police file containing all evidence against you. The core of this case is proving knowledge. If you bought a $2,000 iPhone for $50 in a dark alley, the Crown will argue you were “wilfully blind”-meaning you intentionally ignored the obvious red flags that it was stolen. 📄 Your lawyer will look for evidence that you made a legitimate, innocent purchase.
Step 4: Resolution Meetings with the Crown
Many possession cases never go to a full trial. Your lawyer will schedule a Crown Pre-Trial (CPT) meeting to discuss the weaknesses in the police evidence. 💬 If you are a first-time offender who bought a stolen bike without realizing it, your lawyer might negotiate to have the charges withdrawn in exchange for a charitable donation or community service through a diversion program.
Step 5: Trial at Provincial Court
If the Crown refuses to drop the charges, your case will proceed to trial. During the trial, your defence lawyer will cross-examine the police and the original owner. 💰 The goal is to establish reasonable doubt that you had any idea the property was obtained by crime. If the judge believes your innocent explanation, you will be acquitted.
How Much Does it Cost to Defend in Canada?
Defending against a property crime charge involves strategic negotiations and potentially a court trial. Legal fees are generally structured as block fees (a flat rate) rather than hourly billing. 💸 Here is a breakdown of what you can expect to pay in CAD:
- Initial Consultation & Bail (if held): If you are held for a bail hearing (common if you have prior convictions), expect to pay $1,500 to $3,000 CAD immediately.
- Summary Conviction Defence (Under $5,000): Resolving a minor possession charge through diversion or a peace bond typically costs $2,000 to $4,500 CAD.
- Trial for Value Over $5,000: Taking a major stolen vehicle case to a full trial will generally cost between $5,000 and $12,000 CAD depending on whether the Crown proceeds by indictment or summary conviction.
A criminal record can prevent you from travelling to the United States and severely impact your employment prospects. Investing in proper legal representation is critical to protecting your future earning potential. 💰
How Long Does the Process Take?
The timeline for a criminal case in Canada depends heavily on how backlogged your local provincial courthouse is. Under standard guidelines, summary convictions must be brought to trial within 18 months, or your lawyer can apply to have them thrown out due to unreasonable delay. ⋱
If your lawyer is negotiating a withdrawal or diversion program for a minor offence, the matter can often be resolved within 3 to 6 months of your first appearance. However, if you are fighting a major charge (Over $5,000) at trial, you should expect the entire process to take 12 to 18 months from the date of arrest to the final verdict. ⏳
Possession Under vs. Over $5,000
| Charge Category | Offence Type in Canada | Maximum Penalty |
|---|---|---|
| Possession Under $5,000 CAD | Hybrid (Usually prosecuted as Summary) | Up to 2 years less a day in provincial jail and/or a $5,000 fine. |
| Possession Over $5,000 CAD | Hybrid Offence (Summary or Indictment) | Up to 10 years in prison (indictment) or up to 2 years less a day (summary). |
| Possession of a Motor Vehicle | Hybrid Offence | Often treated more aggressively (prosecuted by indictment) due to organized auto theft. |
Frequently Asked Questions (FAQ)
What exactly is “wilful blindness” in Canadian law?
Wilful blindness occurs when a person strongly suspects that a fact exists (e.g., this car is stolen) but deliberately refuses to investigate or ask questions because they want to remain ignorant. In Canadian criminal law, being wilfully blind is treated exactly the same as having actual knowledge.
What if I bought the item legally on Kijiji or Facebook?
If you made a legitimate purchase at a reasonable market price, you have a strong defence of innocent possession. You should provide your lawyer with all text messages, emails, e-transfer receipts, and screenshots of the ad to prove you did not know the item was stolen.
Do I get my money back if the police seize the item?
No. If the police determine the item is stolen, they will return it to its rightful owner or their insurance company. You lose both the item and the money you paid for it. Your only recourse is to try and sue the person who sold it to you in civil small claims court.
Can I travel to the USA if I am charged?
While charges are pending, you may face difficulties at the US border. If you are convicted of Possession of Property Obtained by Crime, it is considered a crime involving moral turpitude, and US Customs and Border Protection (CBP) will likely ban you from entering the United States for life without a special waiver.
Is possession the same charge as theft?
No. Theft (Section 322) involves the actual act of taking someone else’s property. Possession (Section 354) involves holding onto the property after it has been stolen. You can be charged with possession even if someone else entirely committed the original theft.
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