City advises against shoplifting bylaw, citing federal jurisdiction and constitutional risk

Calgary city officials are recommending against a proposed bylaw that would penalize shoplifting under $100, citing constitutional risk and federal jurisdiction.

Ward 10 Councillor Andre Chabot floated the proposal in February, and a revised version directing city staff to study the issue was endorsed by Calgary police and supported by council in a 13-2 vote in June. But administration's new briefing to councillors warns the approach would duplicate criminal law.

"The true purpose of any city bylaw must be municipal and cannot be purely criminal," states the memo from Katie Black, general manager of community services. "Such a bylaw would not withstand constitutional challenge because it would duplicate the Theft Under $5,000 provision of the Criminal Code of Canada."

The city assessed 20 other Canadian municipalities—including Toronto, Edmonton and Vancouver—and found that no other city has passed a bylaw related to shoplifting. Municipal police services already have the authority to lay charges for theft under the Criminal Code.

Meanwhile, theft under $5,000 incidents have climbed sharply in Calgary: 2,988 reported in 2023, 3,476 in 2024, and 5,051 in 2025. But officers are laying fewer charges because the Alberta Crown Prosecution Service is not pursuing most low-value shoplifting offences due to limited court system capacity.

The briefing notes that 80 per cent of identified offenders are adults between ages 22 and 49. Top items stolen from chain retailers like Safeway, Calgary Co-op, Real Canadian Superstore, 7-Eleven and Ace Liquor include beverages, food and alcohol. The briefing will be discussed at next Tuesday's community development committee meeting.