Possessing Stolen Property Lawyer Toronto | Property Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Possession of property obtained by crime is an offence under section 354 of the Criminal Code, with penalties set by section 355. The charge captures people found with stolen goods, whether or not they had anything to do with the original theft. The single most important word in the section is knowledge: the Crown must prove the accused knew the property was obtained by crime, and cases rise and fall on how that knowledge is, or is not, proven.

What is possession of stolen property under Canadian law?

The Crown must prove beyond a reasonable doubt:

Possession: personal possession, constructive possession (knowledge plus control of property kept elsewhere), or joint possession with others. Property in a shared home or car is not automatically in everyone's possession.
The property was obtained by crime: usually theft or fraud, proven through the original owner or investigative records.
Knowledge: the accused knew the property was obtained by crime. Actual knowledge is required, but the law treats wilful blindness, deliberately declining to ask the obvious question, as its equivalent. Mere suspicion or negligence is not enough.

The Crown often relies on the doctrine of recent possession: where a person is found in unexplained possession of recently stolen property, a court may infer theft or guilty knowledge. The inference is permissive, not automatic, and a plausible innocent explanation, such as an ordinary marketplace purchase, defeats it. Charges frequently accompany related counts such as credit card possession when wallets or cards are among the recovered property.

Penalties for possessing stolen property in Ontario

The penalties mirror theft. Where the value exceeds $5,000, the maximum is 10 years in prison where the Crown proceeds by indictment, and the Crown can also elect to proceed summarily. Where the value is $5,000 or less, the offence is hybrid with a maximum of 2 years by indictment or 2 years less a day on summary conviction. There are no mandatory minimums.

Outcomes in Ontario track the circumstances: a first-time allegation involving a single item of modest value is often diverted or resolved without a conviction, while possession of large quantities of stolen goods, or possession connected to trafficking in stolen property such as vehicles or catalytic converters, attracts jail. From July 15, 2026, possession of property obtained by crime in the context of organized retail theft is a statutory aggravating factor at sentencing. Restitution and return of property matter to resolution.

Possible defences to a possession of stolen property charge

Depending on the evidence, defences may include:

No knowledge: the accused bought or received the property innocently, at a plausible price, through an ordinary channel such as an online marketplace, with nothing that would put an honest person on notice.
No wilful blindness: suspicion alone is not knowledge; the Crown must show the accused deliberately shut their eyes to the truth.
No possession: property found in shared spaces, vehicles, or storage without proof of the accused's knowledge and control.
Proof the property was stolen: gaps in continuity, serial number identification, and ownership evidence.
Value disputes affecting the over and under $5,000 line.
Charter issues: many of these cases begin with searches of homes, cars, and phones, and unreasonable searches can lead to exclusion of the evidence.

Frequently asked questions

I bought something online that turned out to be stolen. Am I guilty?

Not if you did not know and were not wilfully blind. An honest purchase at a plausible price through an ordinary channel is a defence, and the circumstances of the purchase are the battleground.

What does the Crown have to prove?

Possession, that the property was obtained by crime, and that you knew it. Knowledge is usually the contested element, and it must be proven beyond a reasonable doubt.

What is the doctrine of recent possession?

A permissive inference: unexplained possession of recently stolen property can support a finding of theft or guilty knowledge. A plausible explanation for how you came to have the property answers it.

What is wilful blindness?

Deliberately avoiding confirming what you strongly suspect, such as buying an obviously new item for a fraction of its value from an unknown seller and asking no questions. It is treated as the legal equivalent of knowledge, but it requires more than carelessness.

What are the penalties?

Up to 10 years where the value exceeds $5,000 and the Crown proceeds by indictment, and up to 2 years by indictment where the value is $5,000 or less. First-time, low-value matters often resolve without a conviction.

The property was in a shared apartment. Can I be convicted?

Only if the Crown proves you knew about the property and had a measure of control over it. Mere presence where stolen property is found is not possession.

Charged with possessing stolen property? Contact us