Legal Project Management Plan & Checklist
How to defend a possession of property obtained by crime charge exceeding $5,000 in Ontario under section 355(a) of the Criminal Code.
What is the penalty for possession over $5000?: Possession of stolen property valued over $5,000 carries a maximum penalty of 10 years imprisonment. Because of this high maximum, it automatically triggers serious criminality under immigration law for permanent residents.
Can this charge be reduced?: Yes. A critical defence strategy is obtaining an independent valuation appraisal. If the true market value of the property is proven to be $5,000 or less, the charge must be reduced to section 355(b), which drastically lowers the maximum penalty to 2 years and preserves immigration status for permanent residents.
Jurisdiction: Ontario Court of Justice (OCJ) and Superior Court of Justice (SCJ).
The Process at a Glance: The matter involves an early election of the mode of trial (OCJ vs SCJ). The defence will scrutinize the Crown's valuation evidence. A preliminary inquiry may be requested if proceeding to the SCJ. Resolution negotiations will focus on reducing the charge to under $5,000 or securing a discharge to avoid immigration consequences.
Key Legislation and Case Law: Section 355(a) of the Criminal Code governs the penalty. Serious criminality is defined under section 36(1)(a) of the Immigration and Refugee Protection Act (IRPA).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Criminal Law: Possession of Stolen Property Defence - Value Exceeding $5,000 (Indictable Exposure) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Under Criminal Code s. 536.1, the request must identify the specific issues on which evidence is requested and the witnesses to be heard.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Under IRPA s. 36(1)(a), any conviction for an offence with a maximum penalty of 10 years or more constitutes serious criminality. The actual sentence imposed is irrelevant; the statutory maximum dictates the inadmissibility finding.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
The test for committal is whether there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty (United States of America v. Shephard [1977] 2 SCR 1067).
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