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ARTICLE · 06 SEPTEMBER 2014

Removing Locked Bikes From Public Property: Bad Idea, But Not Theft.

Earlier this month, Torontonians learned that Brookfield Property Group was cutting the locks off of bikes parked outside their Hudson’s Bay Centre Building.

CanadaCriminal Law

Earlier this month, Torontonians learned that Brookfield Property Group was cutting the locks off of bikes parked outside their Hudson's Bay Centre Building. Knowing that we are devoted cyclists, a number of readers have asked us whether their actions constitute theft.

Under the Criminal Code of Canada, theft requires, in addition to taking the bike, an 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

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