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Charges · Possession of stolen property · Ontario

What happens after a possession of stolen property charge in Ontario?

What it means, what usually happens next, and what to bring to the first call.

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By Ali Sheikh, Remandly (founder, not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017.

Last reviewed September 22, 2026 · Updated October 15, 2026

In short

  • What the person knew is usually the whole case: the Crown has to prove knowledge, not just possession.
  • In Ontario, the prosecutor may refer a property charge to a community justice program, but only where a conviction is reasonably likely.

What usually happens next

  1. Step 1

    Arrest and the station You have the right to talk to a lawyer in private. You do not have to answer police questions.

  2. Step 2

    Police decide Police can release you with conditions and a court date, or hold you for a bail hearing.

What should you bring to the first call?

How it works in Ontario

Which court hears it in Ontario

In Ontario, a possession-of-stolen-property charge starts in the Ontario Court of Justice, which finishes about 95% of the charges that start there. The court date and courtroom appear on the daily court lists on ontario.ca.

Bail in Ontario

If someone is held on this charge in Ontario, the Crown’s D. 24 says the release conditions must not punish and a surety should not be automatic.

Programs and diversion in Ontario

Ontario’s Direct Accountability Program, in most Ontario jurisdictions, is a community justice program the prosecutor may refer a property charge to under D. 4, where a conviction is reasonably likely.

The local process in Ontario

Legal Aid Ontario covers a charge that could lead to jail for those who qualify financially; duty counsel can meet the Crown for a resolution discussion on the court day.

What do people ask about possession of stolen property charges?

Do I have to talk to the police?

No - a person does not have to answer police questions, and anyone arrested or detained has the right to speak to a lawyer, and police must tell them that.

What is the maximum penalty for possessing stolen property?

Under s. 355 of the Criminal Code: over $5,000, up to ten years by indictment; $5,000 or less, up to two years by indictment, or summary.

Sources

Federal law sources

Free 24/7 criminal law information · not legal advice. Legal Aid Ontario: 1-800-668-8258

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