Fraud Lawyer in Canada

What Fraud covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The accused engaged in deceit, falsehood or other fraudulent means
• That conduct caused deprivation, or a real risk of deprivation, to the complainant
• The accused subjectively knew the representation or conduct was dishonest
• The accused was subjectively aware that the conduct could cause deprivation
• The value of the subject matter, where the Crown alleges fraud over $5,000

Penalties and consequences on conviction

• A maximum of fourteen years imprisonment for fraud over $5,000 under section 380(1)(a)
• A mandatory minimum of two years where the total value exceeds one million dollars
• Restitution and, where the case involves market conduct, prohibition orders under section 380.2
• Forfeiture and proceeds-of-crime applications against assets traced to the offence
• Professional discipline, loss of licensing and serious immigration consequences

Common defences

• Absence of subjective knowledge of falsehood, including honest but mistaken belief in the accuracy of representations
• No deprivation or risk of deprivation, for example where the transaction delivered the promised value
• The conduct was a civil breach of contract rather than criminal deceit
• Attribution problems in a corporate structure where several people had authority
• Charter breaches in the seizure of records, computers or accounts, including section 8 challenges to production orders
• Unreasonable delay under section 11(b), which is a live issue in lengthy document-heavy prosecutions

Fraud lawyer: frequently asked questions

What is the difference between fraud and theft?

Theft is a taking without consent. Fraud is obtaining property or services with consent, but consent that was procured by deceit or other dishonest means. The distinction matters because fraud requires proof that the accused knew the representation was dishonest and understood that deprivation could follow.

Is fraud over one million dollars always a penitentiary sentence?

Section 380(1.1) sets a mandatory minimum of two years imprisonment where the total value of the fraud exceeds one million dollars. Counsel therefore often focuses on the aggregation of counts and the valuation, because keeping the proven total below that threshold changes the entire sentencing landscape.

How long do fraud prosecutions take?

Document-heavy fraud files routinely take well over a year because of the volume of disclosure. That makes section 11(b) of the Charter, and the ceilings set in R. v. Jordan, an important part of defence strategy. Counsel should be tracking delay from the date the charge is laid.