Accusations of stealing from an employer in Ontario often lead to severe criminal charges, including Theft (Over or Under $5,000) and Breach of Trust. A Breach of Trust charge is heavily punished because you broke your employer’s confidence. Never confess or sign anything without consulting a local criminal defence lawyer first.
Being pulled into an HR office and accused of stealing from your employer is an incredibly stressful and isolating experience 😨. Whether you work at a retail store in the Rideau Centre, a tech firm in Kanata, or a government office downtown, workplace theft allegations can destroy your career and reputation overnight. Employers take these situations very seriously, and they frequently involve the Ottawa Police Service right away. It is vital to understand that an accusation is not a conviction, but how you react in those first few moments is critical.
Under Canadian law, stealing from an employer is treated much more harshly than simple shoplifting. This is because employees are in a position of trust. When that trust is allegedly broken, the Crown Attorney will almost always lay a charge of Breach of Trust alongside the standard theft charge. Courts in Ontario view Breach of Trust as a very serious offence, often demanding stricter penalties, including potential jail time, to deter others. We strongly recommend finding a trusted law firm from our directory to protect your rights before you make any statements.
Step-by-Step Process in Ottawa, Ontario
Facing a workplace theft accusation involves navigating both internal company investigations and the formal criminal justice system 📋. Here is what typically happens in Ottawa.
Step 1: The Internal Investigation and Loss Prevention
The process usually starts with an internal meeting with Human Resources or Loss Prevention officers. They may show you video footage, audit logs, or financial discrepancies. They will often pressure you to “just explain what happened” or sign a written apology in exchange for keeping the police out of it. Do not sign or admit to anything. You have the right to remain silent, and anything you sign can be handed directly to the police as a full confession.
Step 2: Police Involvement and Arrest
If the employer believes they have enough evidence, they will contact the Ottawa Police. Depending on the amount stolen, you may be arrested at work or asked to turn yourself in at a local police station, such as the central division on Elgin Street 👮. Upon arrest, you must assert your Charter right to silence and demand to speak with a lawyer or Duty Counsel immediately. You will likely be released on a Promise to Appear with specific conditions, such as not contacting your former employer or returning to the workplace.
Step 3: First Court Appearance and Disclosure
Your first court date will be at the Ontario Court of Justice. This is usually a brief appearance where your lawyer will request “disclosure” from the Crown Attorney. Disclosure includes all the evidence gathered against you, such as witness statements from your coworkers, financial audits, and security camera footage. Reviewing this evidence thoroughly is the foundation of your defence.
Step 4: Building Your Defence Strategy
Your criminal defence lawyer will evaluate the evidence for weaknesses 🔍. For example, they may argue that the financial discrepancies were due to administrative errors rather than intentional theft, or that multiple employees had access to the missing funds. If the evidence is overwhelmingly strong, your lawyer might negotiate a plea deal that involves paying restitution (paying the money back) in exchange for a lighter sentence or avoiding a permanent criminal record.
How Much Does it Cost in Ottawa?
Fighting an employer theft charge involves significant legal and potential financial costs. Here is a breakdown of what you might expect as of March 2026:
- Law Firm Fees: Hiring a private criminal defence lawyer for a theft and breach of trust case typically ranges from $3,000 to $15,000+ CAD, depending on whether the case resolves early or proceeds to a full trial.
- Restitution: If you are convicted or accept a plea deal, the court will likely order you to pay back the exact amount that was stolen. This must be paid out-of-pocket.
- Expert Accountant Fees: In complex corporate fraud or embezzlement cases, your defence may require hiring an independent forensic accountant to review the company’s books. This can cost anywhere from $2,000 to $10,000+ CAD.
| Expense Type | Estimated Cost (CAD) | Who You Pay |
|---|---|---|
| Private Defence Lawyer | $3,000 – $15,000+ | Your Chosen Law Firm |
| Restitution (If Convicted) | Value of Stolen Goods/Money | The Employer (via Court) |
| Forensic Accountant | $2,000 – $10,000+ | Independent Expert |
How Long Does the Process Take?
Resolving a criminal case for workplace theft in Ottawa takes considerable time. The internal employer investigation might take only a few days or weeks, but the criminal court process generally takes 6 to 18 months from the date of your arrest to a final trial or plea resolution. During this time, your release conditions will remain in strict effect ⌛.
Frequently Asked Questions (FAQ)
If I pay the money back immediately, will the charges be dropped?
Not necessarily. Once the police are involved, the decision to press charges belongs to the Crown Attorney, not the employer. However, voluntarily paying restitution early on is a strong mitigating factor that your lawyer can use to negotiate a better outcome or a withdrawal of the charges.
Can my employer fire me before I am found guilty in court?
Yes. The standard of proof for employment termination is much lower than the standard for a criminal conviction. An employer can terminate you “for cause” if they have a reasonable belief, based on an investigation, that you stole from them, even if you have not had your criminal trial yet.
What is the difference between Theft Under $5,000 and Theft Over $5,000?
Theft Under $5,000 is typically treated as a summary conviction (less serious) with a maximum penalty of 2 years less a day in jail. Theft Over $5,000 is an indictable offence (more serious) and carries a maximum penalty of 10 years in prison. Both are serious, especially when paired with a Breach of Trust charge.
Will this show up on a criminal background check?
Yes. If you are convicted, you will have a permanent criminal record that will appear on background checks, making it extremely difficult to find future employment, especially in roles involving cash handling or sensitive data. You can apply for a Record Suspension (pardon) after a mandatory waiting period of 5 or 10 years.
Can I just say it was an honest mistake?
Lack of intent is a valid legal defence. If you accidentally took an item or mistakenly deposited company funds into your own account without meaning to steal, your lawyer can argue this in court. However, you should never try to explain this to the police yourself, as your words can be twisted.
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