Author: Tracey Young. (March 12, 2022). Crime Series: Part 2 - Fraud: Criminal Code of Canada and Elements of Fraud in Civil Cases. C4D - Canadians 4 Democracy. Retrieved from: https://c4d-canadians4democracy.blogspot.com/2022/03/crime-series-part-2-fraud-criminal-code.html.
Disclaimer: I am not a lawyer. I am a Public Interest Advocate. The
information contained in this article is not intended to be used for legal
advice. Please consult a legal professional for legal advice or speak with a local
law enforcement agency if you believe a criminal act/action has taken place.
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
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Source: Government of Canada. Fraud. Retrieved from: https://www.laws-lois.justice.gc.ca/eng/acts/c-46/section-380.html.
- ** testamentary instrument includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;
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Fraud According to the Criminal Code of Canada
- Section 380(1) of the Criminal Code uses a two-part definition to describe fraud:
1) a prohibited act of “deceit, falsehood or other fraudulent means;” and
2) that this act deprives the public or specific person of “any property, money or valuable security, or any service.”
Ensuing sections of the Code describe “intent” as a crucial component of fraud charges and subsequent legal precedents set by Canadian courts mandates that the Crown has to prove intent to secure a conviction. While this is helpful for defending against fraud charges, it also means that people can be charged for their intent to commit fraud, even if they were unsuccessful in their efforts.
Source: Mass Tsang. (2021). What is Considered Fraud in Canada. Retrieved from: https://www.masstsang.com/blog/post/what-considered-fraud-canada/.
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1. There must be a misrepresentation of material fact.
2. The misrepresentation of fact must have been perpetrated by a party that knew it was false.
3. The plaintiff must have relied on the misrepresentation.
4. Injury or loss must have been incurred as a result of the plaintiff relying on the misrepresentation.
All four of these elements must have taken place in order to successfully litigate a case of fraud. In many jurisdictions a “preponderance of evidence” is also needed. This means that the plaintiff has a higher burden of proof and needs to show the court evidence that their version of facts is more credible and convincing than not.
Source: Lithgow, C. (2018). How to prevent fraud in court. The Civil Litigator. Retrieved from: https://www.civillitigator.net/how-to-prove-fraud-in-court/.
Copyright © 2022. Tracey
Young/C4D Canadians 4 Democracy. All Rights Reserved.
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