Our criminal law firm can help with fraud charges
Forgery charges are under the umbrella of Fraud. At Daley Byers – Criminal Defence Lawyers, we cover a variety of Fraud and Forgery charges. If you or someone that you know has been charged with Fraud, they should speak to a criminal lawyer as soon as possible.
What the criminal code says about fraud
Criminal Code - Section 366. (1) : Forgery and Offences Resembling Forgery
FORGERY/ Making False Document/ When Forgery Complete/ Forgery complete through document incomplete/ Exception
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.
(2) Making a false document includes
(a) altering a genuine document in any material part;
(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or making
(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.
(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything else.
(4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.
(5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal document or of a provincial government.
Criminal Code - Section 367: Punishment for Forgery
PUNISHMENT FOR FORGERY:
367. Every one who commits forgery
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) Is guilty of an offence punishable on summary conviction.
USE, TRAFFICKING, OR POSSESSION OF FORGED DOCUMENT/ Punishment/ Wherever forged
368. (1) Everyone commits an offence who, knowing or believing that a document is forged.
(a) uses, deals with or acts on it as if it were genuine;
(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
(c) transfers, sells or offers to sell or it makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or
(d) possesses it with intent to commit an offence under and paragraphs (a) to (c).
(1.1) Everyone who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) is guilty of an offence punishable on summary conviction.
(2) For the purpose of proceedings under this section, the place where a document was forged is not material.
Criminal Code - Section 342: Theft, Forgery, Etc. of Credit Card/ Jurisdiction/ Unauthorized use of credit card data/ Definitions
342. (1) Every person who
(a) steals a credit card,
(b) forges or falsifies a credit card,
(c) possess, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
(i) by the commission in Canada of an offence, or
(ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or
(d) uses a credit card knowing that it has been revoked or cancelled, is guilty of
(e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(f) an offence punishable on summary conviction
(2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.
(3) Every person, who fraudulently and without colour of right, possesses, uses traffics in or permits another person to use credit card data, including personal authentication information, whether or not the the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
(4) In this section,
“personal authentication information” means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; “traffic” means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.
Possibles criminal defences to fraud and forgery related charges
We have over 15 years of criminal law defence experience. We have the experience and education to help you defend your charge. Here are some possible defences:
- Proof of Possession
- Identification of the Accused (Crown often attempts to prove this offence through the use of video – which is non-conclusive)
- Validity of Searches/Search Problems
- Proof of Ownership of Computer or Instrument (the Crown has to prove that Accused had the device and that it was intended to be used to commit the offence)
- The Intent of the Accused