These, and others, can all be found in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.
380(1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
1. Of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
2. Of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars
To find someone guilty of Fraud, the Crown must prove that: (a) the defendant deprived the complainant of something of value, including any property, money, valuable security or service, (b) the defendant’s deceit, falsehood or other fraudulent means caused the deprivation, and (c) the defendant intended to defraud the complainant.
362(1) Every one commits an offence who
(a) By a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;
(b) Obtains credit by a false pretence or by fraud
(c) Knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,
1. The delivery of personal property,
2. The payment of money
3. The making of a loan
4. The grant or extension of credit,
5. The discount of an account receivable, or
6. The making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or
366(1) Every one commits forgery who makes a false document, knowing it to be false, with intent
(a) That it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
(b) That a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.
To prove someone guilty of Breach of Trust, the Crown must prove that: (a) the defendant was a trustee of something, (b) the defendant converted the thing to an unauthorized use, and (c) the defendant intended to defraud the complainant. A “trustee” is defined as a person who holds property (money) for someone else usually under a legal obligation, to administer that property for the benefit of another. To “convert” means to direct the thing to some use or in some way that is not permitted.
There are numerous ways to defend against Fraud related charges and I have successfully defended people against them many times – please refer to my Recent Successes page. The consequences to receiving a conviction for any fraud related offence are severe and can include a lengthy term of imprisonment.
Client charged with Fraud Over $5000 and various other fraud related offences. Client allegedly worked for a store and was falsifying gift card amounts. As she was an employee, there was a Breach of Trust component. Client adamantly denied doing this.
Client charged with Fraud Over $5000. Client was alleged to have defrauded a limousine companies of a large sum of money as he and his business associates used these services to get around. It was alleged that he had no intention to pay for the services.
Client charged with Fraud and Uttering a Forged Document. It was alleged that she presented false information to a bank and obtained credit by fraud.
Client charged with Fraud. It was alleged that the client attended at a Money Mart location and cashed a fraudulent cheque.
Client charged with Obtain Credit by False Pretenses and Utter Forged Document. It was alleged that the client obtained a credit card using false identification.
Client charged with two counts of Fraudulent Use of Credit Cards and numerous other Fraud related offences. It was alleged that was caught on camera using these cards and statements were made upon arrest.
Client charged with Fraud Over after allegedly falsely reporting that his vehicle had been stolen. Police claimed that it was a scam to get proceeds from the insurance company.
Client charged with Possession of Counterfeit Money after it was alleged he tried to pay for several items at a store with counterfeit money
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