Criminal Law: Possession of Stolen Property Defence - Value Not Exceeding $5,000 (Diversion/Summary)

What is the limitation period?: If the Crown elects to proceed by summary conviction, there is a strict 12-month limitation period from the date of the alleged offence under section 786(2) of the Criminal Code. If this period has expired, the Crown must proceed by indictment.

Jurisdiction: Ontario Court of Justice (OCJ).

The Process at a Glance: Defence counsel will first verify the 12-month summary conviction limitation period. A Direct Accountability Program (DAP) proposal is submitted to the Crown. If approved, the client completes the required programming (e.g., community service) and the charge is withdrawn. If DAP is rejected, counsel will negotiate for an absolute or conditional discharge at sentencing to avoid a permanent criminal conviction.

Key Legislation and Case Law: The summary limitation period is governed by Criminal Code s. 786(2). Discharges are governed by Criminal Code s. 730.

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