section 390

INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code of Canada deals with making false statements or alienating property mentioned in a receipt, certificate, or acknowledgment for a purpose mentioned in the Bank Act without consent or delivery to the holder or owner.

SECTION WORDING

390 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who (a) wilfully makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or (b) wilfully, (i) after giving to another person, (ii) after a person employed by him has, to his knowledge, given to another person, or (iii) after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

EXPLANATION

Section 390 of the Criminal Code of Canada criminalizes the act of making false statements in receipts, certificates or acknowledgments that may be used for a purpose outlined in the Bank Act. It also prohibits the unauthorized alienation, disposal or withholding of property that is mentioned in such receipts, certificates or acknowledgments. The Bank Act contains provisions that regulate the banking industry in Canada, including provisions related to bank deposits, loans, and other financial transactions. Receipts, certificates or acknowledgments are typically issued in relation to these transactions as a form of proof, and as such, must accurately reflect the details of the transaction. In the case of false statements, Section 390 requires that the statement be made willfully, meaning that the person making the statement must have knowingly made false claims with the intention of deceiving another person. The penalty for this offence is imprisonment for up to two years. Regarding the unauthorized alienation, disposal or withholding of property that is mentioned in receipts, certificates or acknowledgments, Section 390 requires that the act be carried out willfully. This means that the person committing the offence must have known that they were not entitled to dispose of the property or withhold it from the rightful owner or holder. The penalty for this offence is also imprisonment for up to two years. In summary, Section 390 of the Criminal Code of Canada is designed to protect the integrity of transactions covered by the Bank Act. It does so by criminalizing false statements made in receipts, certificates or acknowledgments, and by punishing those who dispose of or withhold property mentioned in such documents without authorization.

COMMENTARY

Section 390 of the Criminal Code of Canada outlines the offence of fraudulently making false statements in a receipt, certificate or acknowledgment, or fraudulently alienating property mentioned in such a document without the consent of the holder or owner. This offence is considered an indictable offence and can result in a maximum term of imprisonment of two years. This section is particularly important in the context of the Bank Act, which regulates financial institutions in Canada and governs various financial transactions. The Bank Act sets out specific requirements for the issuance of receipts, certificates, and acknowledgments, and these documents are often used in the context of transactions involving financial instruments such as loans and securities. By criminalizing the fraudulent use or manipulation of these documents, Section 390 aims to protect the integrity of financial transactions and prevent individuals from deceiving others for personal gain. This provision is intended to deter and punish individuals who engage in fraudulent conduct that undermines the trust and confidence that is necessary for the proper functioning of the financial system. Overall, Section 390 reflects the broader legal principles that underpin Canadian criminal law. Specifically, it demonstrates the importance of protecting against fraud and deceit, which are considered serious offences in Canadian law. This section also highlights the significance of transparency and honesty in conducting financial transactions, as well as the importance of safeguarding the rights of property owners. While the penalties for violating Section 390 may seem relatively mild compared to other indictable offences, such as murder or assault, the damage caused by fraudulent financial activities can be significant. In many cases, fraud can result in not only financial harm but also reputational damage, loss of confidence, and other negative consequences. Therefore, it is important that the legal system take this offence seriously and impose appropriate penalties on those who engage in such conduct. Section 390 is just one of many provisions in the Criminal Code that are designed to protect against fraud and deceit. However, it is an important provision that serves as a reminder of the importance of transparency and honesty in financial transactions and underscores the serious consequences that can result from violating the trust of others. By enforcing this provision and holding individuals accountable for their actions, Canada can maintain a robust and trustworthy financial system that benefits all Canadians.

STRATEGY

Section 390 of the Criminal Code of Canada is an important provision that aims to prevent fraudulent and deceitful behaviour in relation to financial transactions. This section applies to anyone who wilfully makes a false statement in a receipt, certificate, or acknowledgment or alienates or fails to deliver property mentioned in such documents without the consent of the holder or owner. The penalties for committing such offences include imprisonment for up to two years. If someone is facing charges under section 390, there are several strategic considerations that they should keep in mind. First, they should seek legal advice from a criminal defence lawyer who has experience dealing with financial crimes. A competent lawyer can help build a defence against the charges by examining the evidence, interviewing witnesses, and identifying weaknesses in the prosecutor's case. They can also negotiate with the Crown prosecutor to have the charges withdrawn or reduced. Second, the accused should be prepared to provide evidence of their innocence. Depending on the specific circumstances of the case, this may involve producing documents, obtaining witness statements, or providing an alibi. The accused should work with their lawyer to develop a strategy for presenting this evidence in court in a clear and convincing manner. Third, the accused should be mindful of the potential consequences of a conviction under section 390. If they are found guilty, they could face a prison sentence of up to two years and a permanent criminal record, which can have long-term implications for their employment prospects and their ability to travel outside of Canada. As such, the accused should carefully consider whether to plead guilty or contest the charges in court. Some strategies that could be employed in defending against charges under section 390 include arguing that the accused did not intend to deceive or defraud anyone, that they were acting under duress or coercion, or that they had a reasonable belief that their actions were lawful. However, the specific strategy will depend on the particular facts of the case and the evidence available. In summary, section 390 of the Criminal Code of Canada is an important provision that requires defendants to make strategic considerations when charged with fraud-related offences. By seeking legal advice, gathering evidence, and developing a strong defence, defendants can improve their chances of achieving a positive outcome in court.