Understanding Fraud Charges in Canada

Fraud is a serious criminal offence in Canada, covering a wide range of dishonest actions that result in financial or economic harm. Whether you are facing fraud charges or simply want to understand the law, it’s crucial to know the key elements of fraud under Section 380 of the Criminal Code and how courts interpret these cases.

Key Points About Fraud Charges:

What is Fraud? Fraud is defined as dishonest conduct that results in at least a risk of deprivation to the victim. 

Four Essential Elements of Fraud:

• A dishonest act – This includes deceit, falsehood, or other fraudulent means

• Deprivation or risk of deprivation – The act must cause actual loss or create a risk of economic harm.

•  Knowledge of the dishonest act – The accused must be aware of their fraudulent conduct. 

• Knowledge of the risk of harm – The accused knew or was reckless to the possibility of financial harm.

What Counts as Fraudulent Conduct?

• Lying or misrepresenting facts – Providing false information to deceive someone.

• Non-disclosure of key facts – Failing to reveal important details that could affect a financial decision.

• Unauthorized diversion of funds – Using money for purposes not agreed upon.

• Exploiting a vulnerable person – Taking advantage of someone’s lack of knowledge or resources.

Important Considerations in Fraud Cases

• Amount of Fraud Matters – Fraud over $5,000 carries harsher penalties, including up to 14 years in prison.

• Who is the Victim? – Fraud can be committed against a specific person or the public at large. 

• One Count or Multiple Counts? – If fraud involves multiple victims, the Crown can charge the accused with one large fraud or separate counts for each victim.

Charged with Fraud? Here’s What to Do

• Act quickly – Fraud cases involve complex financial and legal issues.

• Gather evidence – Keep all records of transactions, communications, and agreements.

• Seek experienced legal counsel – A strong criminal defense lawyer can help challenge the charges and protect your rights.

Need Legal Assistance?

If you are facing fraud charges, you need a skilled defense lawyer to help you navigate the legal system and fight for the best possible outcome.