INTRODUCTION AND BRIEF DESCRIPTION

Forgery is considered complete even if the false document is not legally binding, as long as it was intended to be acted upon as genuine.

SECTION WORDING

366(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.

EXPLANATION

Section 366(4) of the Criminal Code of Canada deals with the offense of forgery, which is the creation of a false document with the intent to deceive or defraud. This provision makes it clear that the offense of forgery can be complete even if the forged document is incomplete or does not purport to be legally binding. What is important under this provision is not whether the document is legally binding or complete, but whether it was intended to be acted on as genuine. This means that even if a document is not legally binding, if it is created with the intention of deceiving others into believing it is genuine and acting on it accordingly, it can still constitute forgery under the Criminal Code. For example, if someone creates a false prescription for drugs, even if the prescription is not legally binding and cannot be filled by a pharmacist, if it is created with the intention of passing it off as a real prescription and obtaining drugs through deceit, it can still be considered forgery under this provision. Similarly, if someone creates a fake contract that they know will not be enforceable in court, but which they intend to use to deceive others into entering into a business arrangement with them, they could be charged with forgery under this provision. In summary, Section 366(4) of the Criminal Code of Canada expands the definition of forgery by including not only complete and legally binding documents, but also incomplete or non-binding documents that are created with the intention of deceiving others into believing they are genuine and acting on them accordingly.

COMMENTARY

Section 366(4) of the Criminal Code of Canada, in essence, defines the crime of forgery in a way that is arguably broader than its common definition. The provision states that forgery can be considered complete, even if the false document is incomplete or not legally binding, as long as it is created with the intention to be treated as genuine. This means that an individual who creates a fake document, even if it is not an accurate representation of a genuine document and even if it lacks crucial information, can still be found guilty of forgery if they intended for the fake document to be acted upon as if it were the real thing. On one hand, this provision serves to protect society from acts of fraudulent behaviour. The criminal justice system can punish those who engage in forgery by treating it as a crime, even if the harm done to the victim is more difficult to measure or prove. This is especially important in today's world where technology has made it easier to create false documents that can be used for nefarious purposes. On the other hand, it is important to note that this provision is somewhat ambiguous in terms of what constitutes an intention to make the fake document appear genuine. People have been charged under this section for creating fake paintings, diplomas and even identification documents. However, it is not always clear what factors a court will consider when determining whether the person had the requisite level of intention to make the document appear genuine. Furthermore, some legal experts have suggested that this broad definition of forgery can lead to over-criminalization. For example, a person may inadvertently create a document that resembles a genuine one, but with minor errors or missing information. While their intention may not have been to deceive anyone, they may still be charged with forgery if someone else acted on the document as if it were genuine. Lastly, it is worth considering the potential consequences of a finding of forgery under this provision. Forgery is considered a serious crime in Canada, with the maximum sentence for forgery being 10 years imprisonment. Additionally, a conviction for forgery can have serious consequences on a person's reputation and future prospects. While it is important to hold individuals who engage in fraudulent behaviour accountable, it is important to ensure that the punishment fits the crime and that individuals are not unfairly punished for minor mistakes or oversights. In conclusion, section 366(4) of the Criminal Code of Canada serves to protect society from forgery, which can lead to serious financial and reputational harm. However, it is important to be mindful of the potential consequences of an overly-broad definition of forgery, including potential over-criminalization and harsh punishments for minor transgressions. It is the responsibility of legal experts and policymakers to ensure that the law strikes an appropriate balance between protecting society from fraudulent behaviour and ensuring that individuals are not unfairly punished for minor or inadvertent mistakes.

STRATEGY

Forgery is a serious criminal offense in Canada, and one that can result in severe consequences for those convicted. Section 366(4) of the Criminal Code of Canada establishes that forgery can be complete even if the false document is incomplete or not legally binding, if it appears to have been created with the intent to deceive or mislead. This provision embodies the notion that forgery is less about the accuracy of the document being produced than it is about the intent behind its use. Considering the seriousness of forgery, those facing charges under this section of the Criminal Code must engage in strategic considerations to ensure the best possible outcome. Such considerations include the choice of legal representation, the timing of plea negotiations, and the evidentiary strength of the prosecution's case. Below, we explore some strategic considerations and possible strategies when dealing with section 366(4) of the Criminal Code of Canada. Legal Representation One of the most important strategic considerations in any criminal case is the choice of legal representation. A defendant charged with forgery should hire an experienced lawyer who specializes in criminal law to represent them. A skilled attorney can explore the specifics of the case as well as assess the evidence against their client to develop an effective strategy for defense. Negotiation Strategies Another pivotal strategic consideration for those facing forgery charges is plea bargaining. Plea bargaining involves negotiating with the prosecution to reduce charges or penalties in exchange for a guilty plea. Defendants may opt to accept a plea deal if the evidence against them is strong, and the prosecution is likely to win a conviction at trial. Briefs and submissions submitted by experienced lawyers is a strategic move that a defendant can take to show responsibility, remorse, and show evidence of reform in an attempt to receive a reduced sentence. Evidentiary Considerations A critical aspect of any criminal case is the strength of the evidence against the defendant. In a forgery case, the prosecution must prove that the document in question was created with the intent to deceive or mislead. This means that even if the document is technically incomplete or legally non-binding, the prosecution may still argue that it appears to be genuine and was created with the intent to deceive. As such, a strategic consideration is to challenge the evidentiary elements of the prosecution's case, such as proving that the document was incomplete or had no intent. Based on the evidence presented or obtained, a defense lawyer can move for the case to be dropped, apply for a stay of proceedings or submit a motion to suppress evidence. Conclusion In conclusion, section 366(4) of the Criminal Code of Canada is clear in its assertion that forgery can be complete even if the false document is incomplete or non-binding in law. When facing charges of forgery under this section, defendants must exercise strategic considerations by initializing a legal defense, assessing the strength of the prosecution's case, and negotiating with the Crown on sentencing plans. Defendants can avoid those complex pitfalls by going through the right process with a skilled attorney. While every case is different, developing a strong strategy is essential to achieve the best possible results. With the right approach, defendants can prove a defense of a lesser offense and reduce the consequences if any, even in cases where the prosecution has compelling evidence of forgery.