Legal Project Management Plan & Checklist
How to defend a possession of property obtained by crime charge in Ontario under sections 354 and 355 of the Criminal Code.
What is the penalty for possession of stolen property?: Possession of stolen property valued over $5,000 carries a maximum penalty of 10 years imprisonment. For property $5,000 or under, the maximum is 2 years. These are hybrid offences prosecuted in the Ontario Court of Justice or Superior Court of Justice.
Does a conviction affect immigration status?: Yes. Because possession over $5,000 carries a 10-year maximum penalty, a conviction constitutes serious criminality under section 36(1)(a) of the Immigration and Refugee Protection Act (IRPA), resulting in inadmissibility and deportation risk for Permanent Residents, even if no jail time is served.
Jurisdiction: Ontario Court of Justice (OCJ) and Superior Court of Justice (SCJ).
The Process at a Glance: The matter begins with an initial appearance in case management court where a Designation of Counsel may be filed. Defence counsel reviews Stinchcombe disclosure to verify the stolen origin of the property, possession, and guilty knowledge. A Judicial Pre-Trial (JPT) is conducted. If the matter is not diverted via the Direct Accountability Program (DAP) or resolved by plea, it proceeds to trial or a section 11(b) Charter delay application. Post-disposition, a section 490 application may be required for the return of seized property.
How to defend a possession of property obtained by crime charge exceeding $5,000 in Ontario under section 355(a) of the Criminal Code.
How to defend a possession of property obtained by crime charge under $5,000 in Ontario using diversion programs or summary conviction under section 355(b).
Key Legislation and Case Law: The offence is governed by the Criminal Code, RSC 1985, c C-46, specifically sections 354 (possession), 355 (punishment), and 358 (completion of possession). Charter rights under section 11(b) are interpreted per R. v. Jordan [2016] 1 SCR 631. Seized property return is governed by section 490.
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