Theft Defined|blue
Section 322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
Theft of Telecommunication Service|red
326. (1) Every one commits theft who fraudulently, maliciously, or without colour of right, uses any telecommunication facility or obtains any telecommunication service.
Definition of ''Telecommunication''
(2) In this section and section 327, ''telecommunication'' means any transmission, emission or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic system.
Possession of device|green
Possession of device to obtain telecommunication facility or service
327. (1) Every one who, without lawful excuse, the proof of which lies on him, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefore, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Forfeiture|orange
(2) Where a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence, on such conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.
Special Property or Interest|blue
Theft by or from person having special property or interest
- 328. A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen
- (a) by the owner of it from a person who has a special property or interest in it;
- (b) by a person who has a special property or interest in it from the owner of it;
- (c) by a lessee of it from his reversioner;
- (d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or
- (e) by the directors, officers or members of a company, body corporate, unincorporated body or of a society associated together for a lawful purpose from the company, body corporate, unincorporated body or society, as the case may be.
Theft by person required to account|red
330. (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly.
Effect of entry in account
(2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefore, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place.
Fraudulent concealment|blue
341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Conspiracy|red
465. (1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:
Conspiracy to commit offences
(3) Every one who, while in Canada, conspires with any one to do anything referred to in subsection (1) in a place outside Canada that is an offence under the laws of that place shall be deemed to have conspired to do that thing in Canada. (see the Digital Mellennium Copyright Act)
Jurisdiction|orange
(5) Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3), proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada, and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.
Appearance at trial|red
Appearance of accused at trial
(6) For greater certainty, the provisions of this Act relating to: (a) requirements that an accused appear at and be present during proceedings, and (b) the exceptions to those requirements, apply to proceedings commenced in any territorial division pursuant to subsection (5).''Where previously tried outside Canada ....
(7) Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4) and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if the person had been tried and dealt with in Canada, he would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada.