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Jason12345 · Dec 19, 2006, 01:45 PM

Hello,

I live in Ontario,Canada and about 4 years ago I was fired for stealing from my employer. What happened was on several different times I would mark down the wrong amount of bowling league members down wrong and take the $$$$. Eventually I was caught and was fired, however, I got to write a letter saying I quit and got off the hook. I was wondering after 3-4 years now can I still be charged for what happened - as they still have proof of what happened? At the time I was fired I was 18 years old with no criminal history. Can someone please let me know if anything can still be brought up after 3-4 years for the country of Canada? Also, would it be considered as a one time theft or theft on different occasions (weekly league)
***each time the theft was under $100 for about 15 weeks
Thanks,
Jason

ScottGem · Dec 19, 2006, 01:51 PM

I would say the Statute of Limitations has passed at this point.

Jason12345 · Dec 19, 2006, 01:59 PM

Is that for Canada and what does that mean?

ScottGem · Dec 19, 2006, 02:08 PM

Statute of Limitations imposes a time limit on how long someone has to press charges for a criminal or civil action. When the SOL expires, they can no longer be charged.

Jason12345 · Dec 19, 2006, 02:10 PM

Is there a link for Canada where it states the time alloted for each offense. Thanks so much

CaptainForest · Dec 19, 2006, 02:15 PM

Crime is a federal issue in Canada, so federal laws will apply. It doesn't matter if you are in Manitoba, Ontario, or Alberta.

For summary offences, the SOL is 6 months. (see Criminal Code, section 786 (2) ).

For indictable offences, there is no SOL.

Sexual assault is an indictable offence.

Theft under $5000 Cdn is a hybrid offence, (Criminal Code, section 334) meaning it can be prosecuted summarily or by indictment. If by summary, the 6 month SOL exists, but if my indictment, there is no time limit.

See http://laws.justice.gc.ca/en/c-46/text.html for the complete Criminal Code.

Jason12345 · Dec 19, 2006, 02:21 PM

I am so confused :( - does that mean (indictment) I can still be charged after 4 years or not? I am lost please help

CaptainForest · Dec 19, 2006, 02:27 PM

I believe theft under 5,000 is the lowest charge of theft….I believe its either theft under 5,000 and theft over 5,000.

Anyway, since it is a hybrid offence, that means the SOL never expires if they proceed under indictment.

So basically, they can charge you for this crime whenever they want to.

Has the owner been giving you hints that they might be?

But for stealing such a small amount, even if you are charged, the penalty would be almost nothing.

Would you receive jail time? Very little chance of that happening for a first offence, but always possible.

Jason12345 · Dec 19, 2006, 02:30 PM

My main concern is if it could be theft on x amount of times would that be worse? Or would it be added together to make theft under 5000? I want to pay the owner back for what happened because I was young and stupid... how should I go about it? Should I get anything signed, etc?

CaptainForest · Dec 19, 2006, 03:55 PM

Have you seen or spoken to this owner in the 4 years since?

If you haven't, its probably best to just to leave it alone, especially if the owner has given no indication he wishes to pursue this.

Sometimes pursing it will just make the situation worse.

But if you do want to proceed, be careful.