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Possession of Property Obtained by Indictable Offence

Possession of stolen property is a criminal offence in Canada. The two most common possession of stolen property criminal offences are "possession under" and "possession over". Over the years the value of stolen property possessed that defined possession under and possession over has changed as inflation has changed the Canadian economy. When reading old cases don't be surprised to read references to "possession under $50", "possession under $200",  or "possession under $1000" . The current criminal offences of possession under $5000 and possession over $5000 can be found in sections 354 and 355 of the Criminal Code of Canada. These substantive criminal law sections apply to both adults and young persons but the punishments are different.


There are many other criminal offences that resemble possession of stolen property.




Criminal Code excerpts with adult punishments:

Possession of property obtained by crime
  •  (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

    • (a) the commission in Canada of an offence punishable by indictment; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • Marginal note:

     Every one who commits an offence under section 354

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

  • (b) is guilty

    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (ii) of an offence punishable on summary conviction,

    where the value of the subject-matter of the offence does not exceed five thousand dollars.


  • R.S., 1985, c. C-46, s. 355;

  •  R.S., 1985, c. 27 (1st Supp.), s. 49;

  •  1994, c. 44, s. 21.


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