Affordable Fraud Defence Lawyers in Ottawa

The most common white-collar crime in Ottawa is tax evasion or fraud. Most such crimes involve the theft of property or money.

This is detailed in the Criminal Code of Canada, which was amended in 2011 to include mandatory minimum sentences and other stipulations for people convicted of fraud.

The severity of the crime is determined by the value of what the victim or victims are defrauded of.

In Canada, this is divided into two categories:

• Fraud where the value is less than $5,000 (generally a summary offence)
• Fraud over the value of $5,000 (sometimes an indictable offence)

In each case, there may be “aggravating circumstances”, such as the level of harm caused and whether the public is targeted.

To be considered as criminal fraud, an activity must be shown to intentionally involve deceit or false representation. 

This can be problematical for the Crown prosecution and provides experienced lawyers with an opportunity to challenge the evidence

What are examples of Fraud in Ontario?

Fraud in Ontario involves deliberately depriving someone of property, money, or services through deceit, defined in the Criminal Code of Canada. Unlike theft, fraud occurs when victims willingly give up belongings due to misrepresentation. Examples include:

• altering price tags,
• tax evasion,
• identity theft,
• bank fraud,
• embezzlement,
• insurance fraud,
• forgery, and
• perjury

To face fraud charges, the Crown Prosecutor must prove beyond a reasonable doubt that you fraudulently stole something, the complainant owns the item, and the deprivation was intentional under false pretences. Additionally, they must establish your involvement, providing data on when and where the fraudulent activity occurred.

Your fraud defence lawyer will guide you through the criminal components of the charge, offering support during this challenging time. Learn more about fraud examples and defences in Ontario.

Fraud Criminal Code Section 380

Understanding Fraud laws in Canada is straightforward, with penalties determined by factors such as the offence’s value, planning sophistication, breach in trust, and the number and type of individuals involved. The offender’s criminal history is also considered. Harsher penalties are enforced for Fraud under aggravating circumstances.

Section 380 of the Criminal Code stipulates that committing fraud exceeding $5,000 is an indictable offence, carrying a maximum 14-year prison term. For amounts under $5,000, the offence is still indictable, with a maximum two-year prison term.

Section 380.1 outlines aggravating circumstances, encompassing complex planning, adverse effects on the economy, impact on a large number of people, lack of qualifications, evidence concealment, or destruction.

First-time minor offenders may qualify for Alternative Measures Programs, involving actions like compensating for losses, offering apologies, and performing community service. These programs signify an intention to make amends, fostering acknowledgment of wrongdoing and aiming for a more favorable resolution.