What Happens if My Friend Shoplifts?

Camilla’s high school is a ten-minute walk away from a mall so her and her friends usually go there during their lunch period.  In their most recent visit to the mall, Camilla and her friends go into a make up store because they want to buy the newest shade of nail polish.  While most of them grab a bottle and head to the checkout to pay, one of her friends, Natalie, says, “I’m just going to keep looking around.  I forgot my debit card so I’ll probably come back this weekend.”

Camilla is first in line at the checkout so when she is done paying for her nail polish, she goes to look for Natalie.  From a distance Camilla notices that Natalie is still in the aisle with the nail polish.  She continues to walk toward her and notices Natalie grab a bottle of the  nail polish off the shelf, throw it in her purse and then head in the opposite direction.

Camilla is shocked and doesn’t know what to do; she asks Natalie what she is doing. Natalie replies with a smile and tells Camilla “I’ll grab one for you too, act natural“. Camilla doesn’t want her to friend to be mad at her so she does as told.  One by one her friends finish cashing out and join her, then they all leave the store and head back to school since their lunch period is almost over.

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 WHAT WILL HAPPEN IF NATALIE IS CAUGHT?

If Natalie is caught shoplifting the nail polish, the store security may try to have her sign a document regarding the situation that asks her to take full responsibility for the incident and pay all of the related security costs. She does not have to sign this document but even if she does, she is not required to make the payment claimed.  The security may also keep her at the store until the police arrive but they must call the police within a reasonable time.

In Ontario law, you are responsible to compensate someone if you caused them harm by stealing things that belong to them or by trespassing on their property. However, if Natalie returns the nail polish that she stole, the stole will have lost no money as the shoplifted items have been recovered.

The store may also send a Civil Recovery Demand Letter. Stores often send these demand letters to people who have been caught shoplifting in their stores,or to parents of young people who have also been caught. These letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency, called "Civil Recovery" claiming the security costs of detecting shoplifters in their stores. The letters sometimes suggest that if you don't pay by a certain date the amounts will increase.  If you do not pay, the store might also start a lawsuit.

It is important to know that Natalie and Natalie's parents do not have to pay the amount in the letter. It is simply a threat that cannot be enforced unless it is found to be a valid debt in Small Claims Court. Her family does not need to worry unless they receive a Statement of Claim in the mail. In Justice For Children and Youth's experience - this does not happen.

Natalie's parents can rest assured as well that no harm will come to their credit rating as a result of these letters. 

If the store chooses to call the police, she may be charged under s. 322 of the Criminal Code. This offence is for committing theft:  ...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 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.

WHAT ABOUT CAMILLA?

Camilla does not have a legal obligation to report Natalie’s theft to employees of the store, to the police or even to her parents. However, If Camilla does not try to stop Natalie or leave the situation, she may be charged as a party to the offence. This is a criminal offence in the Criminal Code of Canada. Under s.21 (1) of the Criminal Code, everyone is a party to an offence who: (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; or (c) abets any person in committing it. Section 21(1) describes three situations where a person is a “party,” i.e., criminally responsible for the conduct of another. In order to be found guilty of the offence or for the charge to be reasonable, there must be some evidence that Camilla intended to assist Natalie  or that she stood somewhere so that the store wouldn't notice Natalie put the item in the bag. 

For more information on what shoplifting and Civil Recovery letters check out some of our past blogs and videos:

Past Blogs on Shoplifting

Part 1 - http://jfcy1.blogspot.ca/2010/10/guest-blogger-tracy-on-shoplifting.html

Part 2 - http://jfcy1.blogspot.ca/2010/10/guest-blogger-tracy-shoplifting-part-ii.html

Video – Civil Recovery Letters

http://jfcy1.blogspot.ca/2011/09/video-civil-recovery-demand-letters.html

Informational Pamphlet: Shop Lifting Demand Letters

http://www.jfcy.org/PDFs/ShopliftingDemandLettersApril%202012.pdf

Informational Pamphlet: Youth Criminal Court Guide

http://www.jfcy.org/PDFs/Charged_March2012.pdf

For further advice or information:

Justice for Children and Youth (if the letter involves a person under 18) GTA: 416-920-1633

Elsewhere in Ontario: 1-866-999-5329

Your local community legal aid clinic: www.legalaid.ca

Lawyer Referral Service 1-900-565-4577 or if under 18 call 1-800-268-8326 (no charge)

This blog scenario was written by Marsha Rampersaud, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.

Theft in a Shopping Mall

  

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Shirley is a 18 year old high school student.  Both her parents work during the day, so they only see her at night. She makes her own breakfast and dinner, and travels to school on her own. She is always studying and receiving good marks for her studies. On her birthday, she wanted her parents to take a day off to spend it with her, but they were too busy and couldn’t go. Shirley was sad but her friends tried to cheer her up and persuaded her to go out to the mall and watch a movie. They arrived at the shopping mall first and they separated ways looking for different clothes. She came across a jewelry store and decided to steal something.  Shirley looked around to see where the cameras were and kept eyeing a necklace in the corner of the store. She slightly opened her bag and slipped the necklace in while nobody was looking. Slowly, she headed towards the exit and had her head down. The alarm went off and the salesperson approached her asking if she could take a look at her bag. The salesperson then found the necklace which she didn’t pay for and called mall security. Her parents arrived at the scene and took her home. Shirley has never committed any type of crime before and she admitted to the security that she had stolen the necklace. The necklace itself was $20 and she handed it to the security.

What will happen to Shirley?

i) Store Security Guard May Try to Have Shirley Sign a Document Requiring Payment Before Allowing Her to Leave the Store.

Shirley does not have to sign this document and even if she does sign the document, she is not required to make the payment claimed. It is not legal for someone to threaten to have you charged by the police if you do not sign a document or do not agree to pay them money. It is not legal for someone, other than a police officer, to refuse to let you leave if you do not sign a document. It is legal for the security guard to keep you at the store until the police arrive. If they do call the police, they must do so within a reasonable time.

ii) Store Security May Call the Police

When the police arrive, they may decide to charge Shirley with theft. They might ask her to appear at the police station for photograph and fingerprints and to appear in court. The police may give Shirley an Appearance Notice that sets out the date, time, and location of her required appearances for the identification process and for court. It is a criminal offence to not attend for either of these purposes. If she fails to go, she will likely be arrested and charged with further criminal offences. If Shirley does not receive notice of a court date, she was not charged with an offence.

iii) Shirley May be Charged with an Offence

The police may charge Shirley under the Criminal Code of Canada section 322. This offence is for committing theft: "...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 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."

Section 322 (2) of the Criminal Code of Canada outlines when the time of the theft occurs. As Shirley concealed the jeweler item on her person (in her bag) it is possible that a court may view this as “moving” the property such that the theft occured upon her putting the jewelry in her bag: “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.”  

However, it is important to be established whether Shirley intended to pass the cashier or exit or did in fact pass the cashier and exited the jewelry store with the necklace in her bag. 

Furthermore, because she is over 17 she will be charged as an adult and not under the Youth Criminal Justice Act

iv) The Store May Send Shirley a Civil Recovery Demand Letter

Some retail stores send demand letters to people who have been caught shoplifting or to parents of young people who have been caught. In this case, the store has recovered the item Shirley had stolen as she admitted the theft and rightfully handed it back to the security. Therefore, the store will not be claiming the value of the jewelry item that was stolen but will be claiming security costs; the costs associated with detecting shoplifters in their stores. The letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency. The letters themselves are not the same as a court order and she can choose to pay the amount or not. If she does not pay, the store can start a lawsuit. However, it is rare for the lawyer or company to follow up with a court action if someone refuses to pay. So, she can choose to ignore the letter. Because the item has been returned, it really is Shirley’s decision whether she feels morally obligated to pay any money to the store without a court order.

v) Shirley May Not be Allowed to Enter the Store or the Mall for A Period of Time

The security may issue a notice under the Trespass to Property Act banning Shirley from their stores. Shirley should take this very seriously and not return to the store or the mall until the requisite time period has elapsed. If she does return before this time, she will be trespassing as she is on the property without permission and could be charged.


This scenario was written by Ying Yi, a volunteer on JFCY's PLE team. The legal content of this blog post was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY through her law schools Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer. JFCY's legal content is based on the laws in Ontario relevant to youth under the age of 18.

VIDEO - Civil recovery demand letters

Have you or your parents received a civil recovery demand letter for shoplifting?  Watch this video to learn more about the law in this area and your rights.

This video was created entirely by volunteers on JFCY’s Public Legal Education Team, with direction from a JFCY staff lawyer.  It is intended to provide general information only, for people who live in Ontario, Canada.

For more information or to speak to a lawyer about your specific situation, please call JFCY at 416.920.1633.

Guest Blogger Tracy: Shoplifting Part II - Civil Recovery Demand Letters

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome back Tracy Chen, a third-year Ryerson Journalism student. The following scenario continues on from the previous blog post. Today's post explains what happens after Clara is caught shoplifting and is sent Civil Recover Demand Letters from the store.

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Days after Clara is caught shoplifting, Wal-Mart sends her a Civil Recovery Demand Letter.

These letters are often signed by a lawyer and demand payment of amounts in the range of $300.00 to $475.00 to a collection agency, called "Civil Recovery" claiming the costs of detecting shoplifters in their stores. The letters sometimes suggest that if you don't pay by a certain date the amounts will increase.  

These letters are not a court order. You can choose the pay the amount or not. If you do not pay, the store can start a lawsuit. It has been JFCY's experience that it is rare for the lawyer or company to follow up with a court action if someone refuses to pay.

So, Clara can ignore the letter. In most cases of shoplifting the store has not lost money once items are recovered.

If the letter is addressed to the parent, the parent does not have to pay either. Parents are only legally responsible for harm caused by their children if the parents are negligent in the way they supervised them or directed their children to cause harm.  

A Civil Recovery Demand Letter will often refer to the Parental Responsibility Act as the basis for the store's claim against the parent. This Act only states that a parent might have to prove they were not negligent. This does not mean that the parent is always legally responsible for their child's actions. It is unlikely that a court would find parents negligent for allowing their teenage to go shopping at a mall. 

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For more information on what to do if you are caught shoplifting or if you have received a Civil Recovery demand for shoplifted items, please take a look at this helpful legal information pamphlet on Shoplifting (Civil Recovery). For other topics, consult our general Legal Information Pamphlets link!


To watch this informative video on the topic click here: http://jfcy1.blogspot.com/2011/09/video-civil-recovery-demand-letters.html

Guest Blogger Tracy: On Shoplifting

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome Tracy who writes to us with a scenario involving shoplifting.

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Clara, 15 is caught shoplifting at Wal-Mart for a pair of sneakers. Upon leaving the store, she is caught by security officers when the alarm goes off. They take the sneakers and make a telephone call to the police. Before the police have arrived, the security officers try to make Clara sign a document before she leaves the store. They threaten her and tell her she will be charged by the police if she does not sign the document? What are her rights?

1. Some store security guards may have you sign a document before allowing you to leave the store. Clara does not have to sign the document. If she does not sign the document, she does not have to make the payment claimed.
2. It is not legal for someone to threaten to have you charged by the police if you do not sign a document or agree to pay them money.
3. It is not legal for someone, other than a police officer, to refuse to let you leave if you do not sign the document.
4. The security guard may keep Clara at the store until the police arrive.
5. If Clara tries to run away, it is legal for someone to use reasonable force to arrest or detain Clara if they have caught her shoplifting and she tries to run away.

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For more information on what to do if you are caught shoplifting or if you have received a Civil Recovery demand for shoplifted items, please take a look at this helpful legal information pamphlet on Shoplifting (Civil Recovery). For other topics, consult our general Legal Information Pamphlets link!