INTRODUCTION AND BRIEF DESCRIPTION
False pretences, fraud or attempted/conspiratorial acts by fraudulent means need not be detailed in court counts for sufficiency.
SECTION WORDING
586 No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.
EXPLANATION
Section 586 of the Criminal Code of Canada is designed to ensure that charges related to fraudulent activities, such as false pretences and fraud, are not dismissed because of insufficient details provided in the initial charge. This section is applicable in situations where an individual is suspected of engaging in fraudulent activities such as lying, cheating, or deceiving others to obtain financial or other benefits. The section is clear that charges alleging fraud or any attempt or conspiracy to commit fraud cannot be dismissed merely because the charge does not set out the specific nature of the fraudulent conduct. This means that, even if the details of the fraudulent activity are not specified in the initial charge, the charge is still valid and can move forward. This particular provision of the Criminal Code is important, as it acknowledges that fraudulent activities are often complex and may require significant time and resources to fully investigate and understand. In many cases, the exact nature of the fraudulent activity may not be fully known at the time of the initial charge. Overall, section 586 of the Criminal Code serves to protect individuals and businesses from fraudulent activities by allowing charges to be filed even if the extent or nature of the fraud is not fully known at the outset of the case. This provision ensures that those suspected of fraud are held accountable for their actions and that justice is served for victims of fraudulent activities.
COMMENTARY
Section 586 of the Criminal Code of Canada is an important provision for the prosecution of fraud-related offences. It essentially says that a charge for false pretences, fraud or any attempt or conspiracy by fraudulent means is not insufficient just because it does not provide detailed specifics of the nature of the fraud or the false pretence. This means that if someone is charged with fraudulent activities, they can be prosecuted even if the exact details of their behaviour are not completely clear at the outset. The provision is important because it recognizes that fraud is a complex crime that can involve a wide range of deceptive tactics, and it is not always possible for the prosecution to have a complete understanding of all the details at the time that a charge is laid. In some cases, it may take time for investigators to uncover all the evidence needed to establish the nature of the fraudulent behaviour, and this provision allows for charges to be laid even while that process is ongoing. However, it is important to note that this provision does not allow for charges to be laid without any evidence or specifics at all. Rather, it acknowledges that the prosecution can provide more detailed specifics of the nature of the fraudulent behaviour over time, as they gather more evidence and information. Ultimately, the prosecution will need to present a sufficiently detailed case at trial in order to secure a conviction. In practice, this provision often means that charges for fraud-related offences will be relatively broad at the outset, and may be amended or refined as more information comes to light. For example, a charge for fraud might simply allege that someone obtained money through false pretences, without providing any specific details about what those false pretences were. As the case progresses and more information is gathered, the prosecution may be able to provide more detail about the specific misrepresentations that were made in order to obtain the money. Overall, section 586 of the Criminal Code of Canada is an important provision that recognizes the complexity of fraud-related offences, and allows for charges to be laid even when the specifics of the fraudulent behaviour are not yet fully clear. However, it is important for this provision to be used responsibly, so that charges are only laid when there is at least some evidence of fraudulent behaviour, and so that the specifics of that behaviour can be properly investigated and presented at trial.
STRATEGY
Section 586 of the Criminal Code of Canada is an important provision with significant strategic considerations for anyone dealing with allegations of false pretences, fraud, or conspiracy by fraudulent means. One strategy that could be employed is to focus on the elements of the offence and the specific actions alleged to have been taken or not taken. This involves carefully examining the language used in the count and the evidence presented by the prosecution to ensure that all necessary details are included. If any gaps or inconsistencies are identified, the defence may challenge the sufficiency of the count and seek to have it struck out or amended. Another strategy is to consider the potential defences that may be available, such as mistake of fact, lack of intent, or duress. These defences may be more difficult to assert or prove in cases of fraud or false pretences, but they should be explored nonetheless. A third consideration is the use of pre-trial motions and disclosure requests to obtain additional information or evidence that may aid the defence. This could include seeking access to the prosecution's case files, requesting that witnesses be called for cross-examination, or seeking a stay of proceedings if there is evidence of prosecutorial misconduct or abuse of process. One potential strategy that should be approached with caution is attempting to negotiate a plea bargain with the Crown. While this may be an attractive option for some defendants facing serious criminal charges, it should only be pursued after a thorough assessment of the strength of the case against them and the potential risks and benefits of accepting a plea deal. Overall, anyone facing a charge under section 586 of the Criminal Code should carefully consider their options and seek the advice of a skilled criminal defence lawyer. By employing strategic and proactive measures, it may be possible to successfully defend against allegations of fraud or false pretences and protect one's rights and liberty.