INTRODUCTION AND BRIEF DESCRIPTION

It is an offence to use, transfer, sell, or possess a forged document knowing or believing it to be fake.

SECTION WORDING

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 it or 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 any of paragraphs (a) to (c).

EXPLANATION

Section 368(1) of the Criminal Code of Canada is a provision that criminalizes the use, dealing, transfer, sale, or possession of a forged document. A document is considered forged if it is made or altered with the intention of deceiving or defrauding someone. This section seeks to deter individuals from using forged documents in any way that could harm others. It seeks to protect individuals and organizations from financial loss, reputational damage, or other negative consequences resulting from the use of forged documents. Subsection (a) makes it an offense to use, deal with, or act upon a forged document as if it were genuine. This refers to situations where an individual knowingly or unknowingly uses a document that has been forged. For example, if an employee presents a forged diploma to their employer to secure a job or a loan applicant submits a forged income statement to support their loan application. Subsection (b) makes it an offense to cause or attempt to cause any person to use a forged document. This prohibits an individual from inducing another person to use a forged document, even if they do not use it themselves. For example, if someone sells a forged passport to someone else, intending them to use it to travel or commit identity fraud. Subsection (c) makes it an offense to transfer, sell, or offer to sell a forged document or make it available to any person, knowing that or being reckless as to whether an offense will be committed under subsections (a) or (b). This prohibits individuals from profiting from the sale or transfer of forged documents. Finally, subsection (d) makes it an offense to possess a forged document with the intent to use it for any of the above purposes. This means that even possessing a forged document with the intent to deceive or defraud is an offense under this section. Overall, section 368(1) of the Criminal Code of Canada plays an essential role in protecting individuals and organizations from the harmful effects of forged documents. It serves as a powerful deterrent to individuals seeking to use forged documents for any illegal or unethical purposes.

COMMENTARY

Forgery is the act of creating a false document with the intention of deceiving someone. The Canadian Criminal Code has several provisions that deal with offences relating to forgery. One of these is Section 368(1), which makes it an offence to use, deal with, act on, or possess a document that one knows or believes to be forged. The purpose of this section is to deter people from engaging in activities that could lead to the exploitation of others using fake documents. The section is intended to prevent fraud and other types of illegal activities that can cause serious harm to individuals, businesses, and even entire economies. According to Section 368(1), everyone who knowingly or believes that a document is forged and uses, deals with, or acts on it as if it were genuine commits an offence. This means that if someone knowingly uses a fake passport, credit card, or any other type of document, they are committing an offence and can be prosecuted under the Criminal Code of Canada. The section also provides that anyone who causes or attempts to cause any person to use, deal with, or act on a forged document as if it were genuine is committing an offence. This means that if someone supplies a fake document to another person, they are committing an offence. Section 368(1) also makes it an offence to transfer, sell, or offer to sell a forged document, or make it available to any person knowing or being reckless as to whether an offence will be committed under paragraphs (a) or (b). This means that anyone who provides someone else with a fake document is guilty of an offence even if they did not use the document themselves. Finally, the section makes it an offence to possess a forged document with the intent to commit an offence under any of paragraphs (a) to (c). This means that anyone who possesses a fake document with the intention of using it to deceive another person is committing an offence. This section of the Criminal Code of Canada is an essential tool to combat fraud and other forms of financial crime that can harm individuals and businesses. It is part of a broader set of laws and regulations that are designed to protect individuals from harm and maintain the integrity of the Canadian economy. In conclusion, it is important to note that anyone who engages in an activity that is prohibited under Section 368(1) of the Criminal Code of Canada is committing a criminal offence and can be punished accordingly. The penalties for committing an offence under this section can be severe, including fines, imprisonment, or both. Therefore, it is important for individuals and businesses to be aware of the potential consequences of using or possessing fake documents and to ensure that all documents are legitimate and properly obtained.

STRATEGY

One important strategic consideration when dealing with section 368(1) of the Criminal Code of Canada is to be aware of the different ways the offence can be committed. The section lists several actions that constitute an offence, such as using or dealing with a forged document as if it were genuine, causing someone else to do so, transferring or selling it, or possessing it with intent to commit any of the other offences. This means that when confronted with a case involving this offence, lawyers and defendants must carefully consider which actions they are alleged to have taken and whether they can be proven beyond a reasonable doubt. For example, if someone is accused of transferring a forged document, the prosecution must prove that they knew or were reckless about the fact that an offence would be committed when that document was used or dealt with as genuine. If the defence can show that the accused did not have this knowledge or recklessness, they may be able to avoid conviction. Another important strategic consideration is to explore potential defences or mitigating factors that may apply in a particular case. For example, if someone is accused of possessing a forged document with intent to commit an offence, they may argue that they did not have such an intent and that they only possessed the document for some other, legitimate reason. Alternatively, they may be able to argue that the police or other authorities obtained the document illegally or that their rights were violated in some way during the investigation or arrest. Defendants may also be able to argue that they were coerced or under duress when they committed the offence, or that they made an honest mistake about the document's authenticity. Similarly, they may be able to point to other factors that suggest they did not have the requisite knowledge or intent, such as a lack of training or experience in dealing with similar documents. In terms of strategies that could be employed, lawyers may recommend taking steps to uncover any weaknesses in the prosecution's case, such as contradictions in witness statements or lack of evidence to support certain elements of the offence. They may also suggest obtaining expert analysis or testimony to help establish certain facts or rebut the prosecution's case. Defence lawyers may also advise their clients to cooperate with authorities and provide evidence or information that may help their case. For example, if someone is accused of using a forged document because they were given it by someone else, they may be able to avoid conviction by providing information about that person and their role in creating or distributing the document. Finally, it is important to consider the potential consequences of a conviction under this section of the Criminal Code, which can include fines, imprisonment, and a criminal record. Depending on the severity of the alleged offence and the person's criminal history, lawyers may recommend negotiating a plea bargain or exploring other options to minimize the consequences of a conviction.