Unlawful possession
Unlawful possession is a general phrase for holding property without legal authority. It is not a single offence in Canada. Specific criminal offences cover particular situations, such as possessing property obtained by crime, and civil law provides remedies to recover property wrongfully held by another person, such as claims in conversion or detinue.
How BC law treats it
Possession of property obtained by crime is an offence under s. 354 of the Criminal Code, RSC 1985, c C-46, and other possession offences arise under the Controlled Drugs and Substances Act and the firearms provisions. In civil law, an owner can sue to recover goods or their value and may seek an order for their return.
What it means for your business
If someone is holding your business property, a demand letter and, if needed, a civil claim are usually the first steps.
Risks and common mistakes
Buying goods at a suspiciously low price without checking their source can expose a business to loss if the goods were stolen.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
