Fraud is a criminal offence that involves using deceit, lies, or another dishonest scheme to deprive another person—or the public—of money, property, services, or anything else of value.
Under section 380 of the Criminal Code, fraud does not depend only on an obvious lie. It can also arise from dishonest conduct, misleading omissions, misuse of funds, or any scheme that creates a real risk of economic loss.
In other words, fraud is not limited to fake documents or direct misrepresentations. A person can commit fraud through any dishonest act that places another person’s financial interests at risk.
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Fraud can take many different forms. It may involve:
The law does not require proof that the victim actually lost money. A real risk of financial harm can be enough.
To secure a conviction for fraud, the prosecution must prove beyond a reasonable doubt the following elements.
The Crown must establish that the accused acted dishonestly.
This may take the form of:
The dishonest conduct is assessed objectively. The question is whether the conduct would be seen as dishonest by reasonable standards, not whether the accused personally believed it was acceptable.
Fraud can also arise from silence or omission when someone hides an important fact in a way that misleads another person.
The dishonest conduct must cause:
The victim does not need to be fully identified in every case, and the loss does not have to be complete or final. What matters is whether the conduct endangered the victim’s economic interests.
A fraud offence may therefore be complete even before the full financial damage is felt.
There must be a real connection between the dishonest act and the deprivation or risk of deprivation.
The prosecution does not always have to prove that the victim relied directly on the lie or was personally persuaded by it. What must be shown is that the dishonest conduct created or contributed to the financial risk.
Fraud also requires proof of a guilty mind.
The prosecution must establish that the accused was subjectively aware:
It is not necessary to prove that the accused specifically intended to cause financial ruin or that they believed themselves immoral. It is enough that they knowingly engaged in dishonest conduct that could place another person’s financial interests in jeopardy.
The Criminal Code distinguishes between fraud based on the value involved.
Where the value of the fraud exceeds $5,000, the offence is indictable and carries a maximum sentence of 14 years of imprisonment.
The same maximum applies where the subject matter of the offence is a testamentary instrument.
Where the value does not exceed $5,000, the offence may be prosecuted:
Even where the amount is lower, a fraud charge can still have serious consequences, including a criminal record, employment consequences, immigration consequences, and reputational harm.
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Section 380 also makes it a crime to use deceit, lies, or another dishonest method with the intent to influence the public market value of stocks, shares, commodities, or anything offered for sale to the public.
This type of fraud is treated seriously because of its potential impact on the financial system and investor confidence.
A person tells several acquaintances that they are collecting money for a legitimate real estate investment. They promise fixed returns, provide reassuring explanations, and continue asking for funds over several months.
In reality, no investment exists. The money is used for personal expenses and to make partial payments to earlier contributors in order to maintain the appearance that the project is real.
Even if some victims recover part of their money, this can still amount to fraud because the scheme is dishonest and creates real financial loss or risk for the people involved.
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Fraud sentences vary widely depending on:
If the total value of the fraud exceeds $1 million and the matter proceeds by indictment, the court must impose a minimum sentence of 2 years of imprisonment.
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When sentencing for fraud, the court must treat certain circumstances as aggravating, including:
These factors can significantly increase the severity of the sentence.
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In some fraud cases, the court may also prohibit the offender from seeking, accepting, or continuing employment or volunteer work involving authority over another person’s money, property, or financial affairs.
This kind of order can have major long-term professional consequences, especially in fields involving trust, finance, administration, or client funds.
Failing to comply with such an order can lead to a new criminal charge.
Fraud cases are often document-heavy, factually complex, and highly technical. They may involve banking records, business transactions, accounting evidence, electronic communications, and multiple complainants.
A criminal defence lawyer can:
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