Wow... this has been the most interesting read.
To address a few points from a while back.
1) The Crown uses something known as "public interest" as a gauge, whether or not to press charges all boils down to "public interest". This is simply explained as, is it within the public's interest to press charges on a subject matter as this? If the answer is NO? Then the Crown says "Thank you" to the member who had proffered the charges and ask them politely to try again.
2) Criminal Code. The Criminal Code defines all Federal legislation pertaining to offences which contradicts the good nature of public order. If it's listed within the Criminal Code it is a Criminal Offence, be it Indictable, Summary or Dual Procedure. It doesn't matter at all what YOU think is a Criminal Code offence, it's what the GOVERNMENT thinks and enacts on behalf of the people.
3) There are elements to a crime. The Actus Reus (the act of commission) and the Mens Rea (the guilty mind). In majority of cases both need to be proven in order for a conviction to be obtained through ruling, but in some only one or the other may be enough, but are few.
4) Theft as defined in s.322 of the Criminal Code: Anyone who fraudulently, without colour of right, takes, converts, anything animate or inanimate with intent to deprive the owner of it. Is completed when with intent to steal anything, the accused, moves it, or causes it to move, or begins to cause it to become moveable.
Let's take this example that you guys have so happily argued for. The guy's WAP is unsecured and you decide to connect to it because you can. Because you think it's an open invitation to do so. You are not currently operating a WAP of your own, and since your neighbour was an idiot you got yourself free internet. You never bothered to inform him/her because if you did, you wouldn't have free internet anymore.
So... Actus Reus, you did it. You connected to that WAP and you were happy with yourself, and so impressed that you can argue about all the legalities of it all that you decided you'll continue to use it. Mens Rea. In fact, the instant you decided to connect to that WAP knowing or not knowing you're wrong, by virtue or wanting to take advantage of that you have established Mens Rea, and by doing so after you thought of it Actus Reus. Done deal. Crime committed. Now, if a LEO caught you and decided to throw your miserable immoral behind before the Crown, it starts at numero uno again.
You have indeed committed theft, since you had fraudulently obtained access, you had no colour of right to do so, you took and converted the WAP's signal to your own use and thus depriving the owner of the WAP who had paid for their service the full pleasure of using it. You had in fact completed the theft by redirecting the signal to you, or splitting it thus causing it to move, moves it and made it moveable.
Regardless. Crime is a Crime is a Crime. Don't like the law? Vote, change the government and have it thrown out, quashed or changed. But claiming that you're right does not make it so. You've broken the law that's it. Whether or not LEOs are going to enforce every single piece of legislation that is out there is up to them. But in most cases it's unreasonable. They've gotta take care of the more important crimes so that those that condone crimes can sit on free WAP and whine.
This will be my one and ONLY post in this thread. I can't stand those who had blatantly broke the law and had not backed it up with any single decent argument. To those who have argued this thread with good material and other legislation and examples to back up your argument, I say bravo to you. You have actually thought up ways to set precedence, and if this crime ever goes before a Court then a lawyer should analyze your ideas because I think they're certainly related and valid in some ways. Again... until the day comes when legislation has changed, take solace in the fact that quite a few of you have broken the law, and you may smirk all you want about it but you are why LEOs will always have job security through the idiocies of man.