claim of right, a belief that the owner would have consented, or a belief the owner could not be found. Canada Section 322(1) of the Criminal Code provides the general definition for theft in Canada: Sections 323 to 333 provide for more specific instances and exclusions: theft from oyster beds (s. 323) theft by bailee of things under seizure (s. 324) exception when agent is pledging goods (s. 325) theft of telecommunications service (s. 326) possession of device to obtain telecommunication facility or service (s. 327) theft by or from person having special property or interest (s. 328) theft by person required to account (s. 330) theft by person holding power of attorney (s. 331) misappropriation of money held under direction (s. 332) exception for ore taken for exploration or scientific research (s. 333) In the general definition above, the Supreme Court of Canada has construed "anything" very broadly, stating that it is not restricted to tangibles, but includes intangibles. To be the subject of theft it must, however: be property of some sort; be property capable of being taken (therefore intangibles are excluded); or converted (and may be an intangible); taken or converted in a way that deprives the owner of his/her proprietary interest in some way. Because of this, confidential information cannot be the subject of theft, as it is not capable of being taken as only tangibles can be taken. It cannot be converted, not because it is an intangible, but because, save in very exceptional far‑fetched circumstances, the owner would never be deprived of it. However, the theft of trade secrets in certain circumstances does constitute part of the offence of economic espionage, which can be prosecuted under s. 19 of the Security of Information Act. For the purposes of punishment, Section 334 divides theft into two separate offences, according to the value and nature of the goods stolen: If the thing stolen is worth more than $5000 or is a testamentary instrument the offence is commonly referred to as Theft Over $5000 and is an indictable offence with a maximum punishment of 10 years imprisonment. Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as Theft Under $5000 and is a hybrid offence, meaning that it can be treated either as an indictable offense or a less serious summary conviction offence, depending on the choice