Theft
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;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return
that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored
in the condition in which it was at the time it was taken or converted.
Time when theft completed
(2) A person commits theft when, with intent to steal anything, he moves
it or causes it to move or to be moved, or begins to cause it to become
movable.
Secrecy
(3) A taking or conversion of anything may be fraudulent notwithstanding
that it is effected without secrecy or attempt at concealment.
Purpose of taking
(4) For the purposes of this Act, the question whether anything that is
converted is taken for the purpose of conversion, or whether it is, at the time
it is converted, in the lawful possession of the person who converts it is not
material.
Wild living creature
(5) For the purposes of this section, a person who has a wild living
creature in captivity shall be deemed to have a special property or interest in
it while it is in captivity and after it has escaped from captivity.
R.S., c. C-34, s. 283.
