Criminal Code of Canada - section 380(1)

section 380(1)

INTRODUCTION AND BRIEF DESCRIPTION

Section 380(1) Fraud is the wrongful or criminal deception intended to result in financial or personal gain. The definition of Fraud is left ambiguous in order to capture the vast nature that these offences occur. There are many examples of Fraud, but most commonly seen are Telemarketing scams, online scams, Identity Theft and Business scams.

SECTION WORDING

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.

EXPLANATION

The offence of Fraud captures an extremely wide range of behaviour. Each charge of fraud is different from the next, as there are a wide variety of circumstances that can amount to a fraud charge. Canadian Criminal Courts have determined that the offence of fraud consists of two distinct elements. First, a prohibited act of deceit, falsehood or other fraudulent means. In the absence of these, the courts will look objectively for a dishonest act". Secondly, the deprivation or loss must be caused by the prohibited act, and must relate to money, property or any valuable security or service. Thus, by this determination, one could potentially be charged with fraud for stealing money from clients, or by stealing someone's identity. If you or someone you know has been charged with Fraud, then you should contact a criminal defense lawyer immediately.

COMMENTARY

Section 380(1) of the Criminal Code of Canada is a significant piece of legislation that aims to prohibit fraudulent activities that result in the defrauding of people or the general public. Essentially, anyone who carries out acts of deceit, falsehood, or other fraudulent means, with the intention of stealing another person's assets or property, is considered guilty under this law. The section is comprehensive in its coverage, as it recognises that fraudulent activities involving any property, money, valuable securities, or services, fall under its ambit. The section looks at the severity of the fraud committed and sets out in great detail how perpetrators will be prosecuted. These legal provisions help to foster a sense of security and safety in society, and those who are responsible for defrauding others, are held accountable for their actions. Moreover, this section aims to protect every person or the general public against fraudulent activities. It highlights that anyone who commits these unlawful acts, causing someone else to lose their valuables or financial savings, will be held accountable and prosecuted under the law. The section also differentiates between indictable offences and offences punishable under summary convictions, depending on the value of the subject-matter of the offence. This provides the courts with discretion when determining the severity of the sentence to be given. Additionally, the law presumes that the accused acted with intent to cause harm, thereby reliving the burden of proof on the prosecution to establish intention. The defrauding of individuals can have significant financial consequences, and this act tries to ensure that those who are responsible are held accountable for their actions. This provision further acknowledges that fraudsters can prey on anyone, and therefore protects everyone from falling victim. In brief, Section 380(1) of the Criminal Code of Canada is an essential piece of law that seeks to prevent fraud and fraudulent acts that harm individuals and the public. It serves as a deterrent to offenders and provides a sense of justice to those who are wronged. It also reflects the values and priorities of the Canadian legal system, which focuses on protecting the rights and freedoms of its citizens. With the introduction of this law, Canada further cements itself as a progressive society that values the fairness and integrity of its legal process.

STRATEGY

Fraud is a very serious offence with potential life altering outcomes if not attended to correctly. There are multiple different strategies when it comes to fraud cases, and a criminal defense lawyer should be contacted to ensure the best results for you. The strategy will be determined by the specific facts of each case. In any case, a potential defense is successful if it absolves the accused from full or partial liability for damages.

QUESTIONS AND ANSWERS

Is there a mandatory minimum punishment for Fraud?

The punishment for Fraud is set out within this section. As of 2011, mandatory minimum sentences may apply, if the total amount determined to be lost is over $1 million. The mandatory minimum is 2 years incarceration.

RELATED CASES

R. v. OShea

Offender wrote fraudulent cheques to herself and a partner, with amount totalling $110,169. She was sentenced to 18 months custodial sentence as well as 18 months probation. One condition of probation was not being able to hold employment in any capacity where she would be in control of financial situation of others.

R. v. Saluma

Offender pled guilty for fraudulent activity that involved the Canadian Temporary Foreign Worker Program and totalled over $2.4 Million dollars. There were over 900 victims of the fraudulent activity. She was sentenced to 6 years in custody.

R. v. Zentner

Offender was a funeral director in Lethbridge. He pled guilty to fraud under $5,000. The offender was selling body disposal at a price of $250, rather than the actual price of $195. This happened on approximately 35 occasions. As well, he would defraud the Alberta provincial government by swapping the caskets of Social Services clients for less expensive options. He was sentenced to a conditional discharge.