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Canadian Laws Dealing With Fraud

Note: the following laws have been condensed and paraphrased for ease of understanding and relevance to the frauds covered. They are for reference use only to show the duplicity of responsibility and the myriad nature of determining an adequate offense. It is hoped that the offenders will be charged with all applicable offenses in order to boost the sentence.

Competition Act - An Act to provide for the general regulation of trade and commerce.

CHAPTER C-34

Amendments to the Competition Act are designed to help crack down on the recent proliferation of deceptive telemarketing practices that prey upon consumers and cast a shadow over Canada's legitimate telemarketing industry by speeding up and improving the process for resolving misleading advertising and deceptive marketing practices. It gives the Competition Bureau new powers to use in the investigation of scam artists who use the telephone to exploit the trust of unsuspecting consumers.

The new provisions:

blue bullet point make deceptive telemarketing a criminal offence punishable by a maximum of five years in prison and a fine within the discretion of the court,
blue bullet point require telemarketers to disclose who they work for, the value of the products they are promoting, and other specified information that will help potential victims distinguish legitimate telemarketers from the criminals and
blue bullet point permit the Bureau to apply for judicial authorization to intercept private communications without consent (wiretap) to investigate the most serious cases involving deceptive telemarketing.
blue bullet point creates a civil process which enables the Bureau to use court orders to stop misleading advertising and deceptive marketing practices quickly;
blue bullet point retains deliberate or reckless misrepresentation as a criminal offence and increases the potential penalty;
blue bullet point enables the Bureau to apply for court orders prohibiting persons from engaging in criminal offences under the Competition Act, and requiring them to take positive steps to prevent future offences.

The Attorney General of Canada may institute and conduct any prosecution or criminal proceedings under this Act and the Criminal Code. A judge may issue a search warrant to search the premises for records, including computer files and copy or seize it.

A court may issue an interim injunction forbidding any person named from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence. A court may punish any person who contravenes an order made under this section by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.

False or misleading representations

52. (1) No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or ... any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect.

(5) ... liable to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.

Deceptive telemarketing

Amendments to the federal Competition Act (Bill C-20) create new offences relating to "deceptive telemarketing". A further amendment was included in Bill C-51 to define the new offences as "enterprise crime", bringing them within the scope of the Criminal Code scheme for seizure and forfeiture of proceeds.

(3) No person who engages in telemarketing shall

(a) make a representation that is false or misleading in a material respect;

(b) conduct or purport to conduct a contest, lottery or game of chance, skill or mixed chance and skill, where

(i) the delivery of a prize or other benefit to a participant in the contest, lottery or game is, or is represented to be, conditional on the prior payment of any amount by the participant, or

(ii) adequate and fair disclosure is not made of the number and approximate value of the prizes, of the area or areas to which they relate and of any fact within the person's knowledge, that affects materially the chances of winning;

(c) offer a product at no cost, or at a price less than the fair market value of the product, in consideration of the supply or use of another product, unless fair, reasonable and timely disclosure is made of the fair market value of the first product and of any restrictions, terms or conditions applicable to its supply to the purchaser; or

(d) offer a product for sale at a price grossly in excess of its fair market value, where delivery of the product is, or is represented to be, conditional on prior payment by the purchaser.

The offence created by Bill C-20 is hybrid; it is punishable by five years imprisonment and/or an unlimited fine for the indictable offence or by a maximum of 1 year imprisonment and/or a $200,000 fine for the summary offence (ss.52.1 (9) Competition Act ) . The Criminal Code offence of fraud is punishable by ten years imprisonment where the value of the suspect/matter of the fraud is at least $5,000. It is punishable by two years imprisonment in other cases.

Offences by employees or agents

(7) ... for the prosecution of a corporation ... it is sufficient proof of the offence to establish that it was committed by an employee or agent ... whether or not the employee or agent is identified, unless the corporation ... exercised due diligence to prevent ... the offence.

Liability of officers and directors

(8) Where a corporation commits an offence ... any officer or director ... in a position to direct or influence the ... conduct ... is a party to and guilty of the offence ... whether or not the corporation has been prosecuted or convicted, unless the officer or director establishes ... due diligence to prevent the ... offence.

(9) ... liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years, or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.

Sentencing

(10) In sentencing ... the court shall consider ... the following aggravating factors:

(a) the use of lists of persons previously deceived by means of telemarketing; (b) characteristics of the persons to whom the telemarketing was directed, including classes of persons who are especially vulnerable to abusive tactics; (c) the amount of the proceeds realized ... (d) previous convictions ... in respect of conduct prohibited by this section; and (e) the manner in which information is conveyed, including the use of abusive tactics.

Multi-level marketing plans

55. (1) ... "multi-level marketing plan" means a plan for the supply of a product whereby a participant in the plan receives compensation for the supply of the product to another participant in the plan who, in turn, receives compensation for the supply of the same or another product to other participants in the plan.

(2) No person ... shall make any representations relating to compensation ... unless ... fair, reasonable and timely disclosure of ...

(a) compensation actually received by typical participants in the plan; or

(b) compensation likely to be received by typical participants in the plan, having regard to any relevant considerations, including

(i) the nature of the product, including its price and availability, (ii) the nature of the relevant market for the product, (iii) the nature of the plan and similar plans, and (iv) whether the person who operates the plan is a corporation, partnership, sole proprietorship or other form of business organization.

(3) ... liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.

Pyramid Selling Schemes

55.1 (1) ... "scheme of pyramid selling" means a multi-level marketing plan whereby 

blue bullet point (a) a participant in the plan gives consideration for the right to receive compensation by reason of the recruitment into the plan of another participant in the plan who gives consideration for the same right;
blue bullet point (b) a participant in the plan gives consideration, as a condition of participating in the plan, for a specified amount of the product, other than a specified amount of the product that is bought at the seller's cost price for the purpose only of facilitating sales;
blue bullet point (c) a person knowingly supplies the product to a participant in the plan in an amount that is commercially unreasonable; or 
blue bullet point (d) a participant in the plan who is supplied with the product 
(i) does not have a buy-back guarantee that is exercisable on reasonable commercial terms or a right to return the product in saleable condition on reasonable commercial terms, or 
(ii) is not informed of the existence of the guarantee or right and the manner in which it can be exercised.

(2) No person shall establish, operate, advertise or promote a scheme of pyramid selling.

(3) ... liable ... to a fine in the discretion of the court or to imprisonment for a term not exceeding five years or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.

Obstruction

64. (1) No person shall in any manner impede or prevent or attempt to impede or prevent any inquiry or examination under this Act. (2) ... liable ... to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both.

Failure to supply information

(2) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes section 114 or 123 is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $50,000.

Destruction or alteration of records or things

(3) Every person who destroys or alters ... any record or other thing that is required to be produced ... in respect of a warrant ... liable (a) on summary conviction to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) on conviction on indictment to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding five years or to both.

Liability of directors

(4) Where a corporation commits an offence under this section, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Limitation period

(6) Proceedings in respect of an offence that is declared by this Act to be punishable on summary conviction may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.

PART VII.1 DECEPTIVE MARKETING PRACTICES

Misrepresentations to public

74.01 (1) A person ... who, for the purpose of promoting, ... the supply or use of a product or ... any business interest, by any means whatever, (a) makes a representation to the public that is false or misleading in a material respect.

Representation as to reasonable test and publication of testimonials

74.02 A person ... who, for the purpose of promoting ... any product... or any business interest, makes a representation ... that a test has been made as to the performance, efficacy or length of life of a product by any person, or publishes a testimonial with respect to a product.

Bait and switch selling

(2) A person ... who advertises at a bargain price a product that the person does not supply in reasonable quantities having regard to the nature of the market in which the person carries on business, the nature and size of the person's business and the nature of the advertisement.

Promotional contests

74.06 A person ... promoting, ... a product ... or any business interest, conducts any contest, lottery, game of chance or skill, or mixed chance and skill, ... where (a) adequate and fair disclosure is not made of the number and approximate value of the prizes, of the area or areas to which they relate and of any fact within the knowledge of the person that affects materially the chances of winning; (b) distribution of the prizes is unduly delayed; or (c) selection of participants or distribution of prizes is not made on the basis of skill or on a random basis in any area to which prizes have been allocated.

74.1 (1) Where, ... a court determines that a person is engaging in or has engaged in reviewable conduct under this Part, the court may order the person (a) not to engage in the conduct or substantially similar reviewable conduct; ... (c) to pay an administrative monetary penalty, in such manner as the court may specify, in an amount not exceeding (i) in the case of an individual, $50,000 and, for each subsequent order, $100,000, or (ii) in the case of a corporation, $100,000 and, for each subsequent order, $200,000.

(5) Any evidence of the aggravating or mitigating factors shall be taken into account in determining the amount of an administrative monetary penalty under paragraph (1)(c):


Criminal Code Offences

Canadian theft and fraud laws are built on the simple notion that exploitive dishonesty should be forbidden. Starting from the premise that honesty and dishonesty are such basic notions that everybody understands them, criminal law should clearly prohibit acts commonly considered dishonest to underline this understanding.

A person commits fraud who dishonestly by a) deceit; b) unfair nondisclosure; c) unfair exploitation induces any person or the public to part with any property or to suffer a financial loss.

This covers dishonest appropriation by deceit as in cases where the owner is deceived into willingly parting with his property with the intention of permanently depriving the other of it.

While deceit means any false representation it does not include an expression of opinion not made as a statement of fact. A seller has some latitude in "puffing" his goods, but he is not authorized to misrepresent them or to assign to them benefits they do not possess. Statements made for the purpose of deceiving prospective purchasers cannot properly be characterized as mere puffing.

Unfair nondisclosure is where a duty to disclose arises from

blue bullet point a) a special relationship entitling the victim to rely on the accused or
blue bullet point b) conduct by the accused creating a false impression in the victim's mind or
blue bullet point c) circumstances where nondisclosure would create a false impression in the mind of any reasonable person.

Unfair exploitation means exploitation

blue bullet point a) of another's mental deficiency
blue bullet point b) of another's mistake intentionally or recklessly induced by the accused or
blue bullet point c) another's mistake induced by the unlawful conduct of a third party acting with the accused.

Theft

322. (1) Every one commits theft who fraudulently ... takes, or ... converts to his use or to the use of another person, anything, ...with intent

(a) to deprive ... the owner of it ... (b) to pledge it or deposit it as security; (c) to part with it under a condition ... that the person ... may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored ...

(3) A taking ... may be fraudulent ... without secrecy or attempt at concealment.

Theft by person holding power of attorney

331. Every one commits theft who, ( misappropriates money while acting as power of attorney).

Misappropriation of money held under direction

332. (1) Every one commits theft who, ( misappropriates money held for direction ).

Punishment for theft

334. (a) ...liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of what is stolen does not exceed five thousand dollars.

Criminal breach of trust

336. Every one who, being a trustee of anything ... for a public or charitable purpose, converts, with intent to defraud ... to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Fraudulent concealment

341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Theft, forgery, etc., of credit card

342. (1) Every person who (a) steals ... (b) forges ... (c) possesses, uses or traffics in a credit card ... knowing that it was obtained, made or altered ... (d) uses a credit card knowing that it has been revoked or cancelled, is guilty of (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or (f) an offence punishable on summary conviction.

Unauthorized use of credit card data

(3) Every person who, fraudulently ... possesses, uses, traffics in or permits another person to use credit card data, whether or not authentic, ... is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction.

Making, having or dealing in instruments for forging or falsifying credit cards

342.01 (1) Every person who, without lawful justification ... (a) makes or repairs, (b) buys or sells, (c) exports from or imports into Canada, or (d) possesses any device ... for use in forging or falsifying credit cards is ... liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

Bringing into Canada property obtained by crime

357. Every one who brings into or has in Canada anything that he has obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is ...liable to a term of imprisonment not exceeding ten years.

False Pretences

361. (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

362. (1) Every one commits an offence who (a) by a false pretence ... obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person; (b) obtains credit by a false pretence or by fraud; (c) knowingly makes ... a false statement in writing ... with respect to the financial condition or means or ability to pay ... (i) the delivery of personal property, (ii) the payment of money, (iii) the making of a loan, ... or credit ... (vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or (d) knowing that a false statement in writing has been made ...

(2) Every one who commits an offence under paragraph (1)(a)

(a) ... liable to a term of imprisonment not exceeding ten years, where the property obtained is a testamentary instrument or the value of what is obtained exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of what is obtained does not exceed five thousand dollars.

(3) ... under paragraph (1)(b), (c) or (d) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Presumption from cheque issued without funds

(4) Where ... it is shown that anything was obtained ...by means of an (NSF) cheque ... it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured ...

Obtaining execution of valuable security by fraud

363. Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security, ... liable to imprisonment for a term not exceeding five years.

Forgery and Offences Resembling Forgery

366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making false document

(2) Making a false document includes (a) altering a genuine document in any material part; (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way. (3) Forgery is complete as soon as a document is made... (4) Forgery is complete notwithstanding that the false document is incomplete ...

367. Every one who commits forgery (a) ... liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.

Uttering forged document

368. (1) Every one who, knowing that a document is forged, (a) uses, deals with or acts on it, or (b) causes or attempts to cause any person to use, deal with or act on it, as if the document were genuine, (c) ... liable to imprisonment for a term not exceeding ten years; or (d) is guilty of an offence punishable on summary conviction.

(2) For the purposes of proceedings under this section, the place where a document was forged is not material.

Exchequer bill paper, public seals, etc.

369. Every one who, without lawful authority ... (a) makes, uses or knowingly has in his possession (i) any ... paper that is used to make bank-notes, or (b) ... has in his possession any plate, die, machinery, instrument or other writing or material ... intended to be used to commit forgery ... is liable to imprisonment for a term not exceeding fourteen years.

Telegram, etc., in false name

371. Every one who, with intent to defraud, causes or procures a telegram, cablegram or radio message to be sent or delivered as being sent by the authority of another person, knowing that it is not sent by his authority ... is liable to imprisonment for a term not exceeding five years.

False messages

372. (1) Every one who, with intent to injure or alarm any person, conveys or causes or procures to be conveyed by letter, telegram, telephone, ... information that he knows is false is ... liable to imprisonment for a term not exceeding two years.

Harassing telephone calls

372 (3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.

Drawing document without authority, etc.

374. Every one who (a) with intent to defraud ... makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person ... or (b) makes use of or utters a document ... made, executed, signed, accepted or endorsed with intent to defraud ... liable to imprisonment for a term not exceeding fourteen years.

Obtaining, etc., by instrument based on forged document

375. Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, ...liable to imprisonment for a term not exceeding fourteen years.

PART X

FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means ... defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) ... liable to a term of imprisonment not exceeding ten years, where ( a will is involved ) or the value ...exceeds five thousand dollars; or (b) is ...liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value ...does not exceed five thousand dollars.

Affecting public market

380 (2) Every one who, by deceit, falsehood or other fraudulent means ... with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale ... liable to imprisonment for a term not exceeding ten years.

Using mails to defraud

381. Every one who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is ... liable to imprisonment for a term not exceeding two years.

Fraudulent manipulation of stock exchange transactions

382. Every one who, through the facility of a stock exchange ... with intent to create a false or misleading appearance of active public trading ...with respect to the market price of a security, (a) effects a transaction in the security that involves no change in the beneficial ownership thereof, (b) enters ( matching buy and sell orders ) is ... liable to imprisonment for a term not exceeding five years.

Gaming in stocks or merchandise

383. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

(a) makes or signs ... any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the bona fide intention of acquiring or (b) delivering the shares, goods, wares or merchandise or of selling them, as the case may be, but this section does not apply where a broker, on behalf of a purchaser, receives delivery...

Fraudulent receipts under Bank Act

390. ...liable to imprisonment for a term not exceeding two years who (a) willfully 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) willfully, (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.

Disposal of property to defraud creditors

392. Every one who, (a) with intent to defraud his creditors, (i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or (ii) removes, conceals or disposes of any of his property, or (b) with intent that any one should defraud his creditors, receives any ( such ) property ... imprisonment for a term not exceeding two years.

Falsification of Books and Documents

397. (1) Every one who, with intent to defraud, (a) destroys, mutilates, alters, falsifies or makes a false entry in, or (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document ... liable to imprisonment for a term not exceeding five years.

(2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection (1) is ... liable to imprisonment for a term not exceeding five years.

False prospectus, etc.

400. (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent (a) to induce persons, whether ascertained or not, to become shareholders or partners in a company, (b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or (c) to induce any person to (i) entrust or advance anything to a company, or (ii) enter into any security for the benefit of a company, is ... liable to imprisonment for a term not exceeding ten years. (2) In this section, "company" means a syndicate, body corporate or company, whether existing or proposed to be created.

Personation with intent

403. Every one who fraudulently personates any person, living or dead, (a) with intent to gain advantage for himself or another person, (b) with intent to obtain any property or an interest in any property, or (c) with intent to cause disadvantage to the person whom he personates or another person, is ... liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.

Passing off

408. Every one ... who, with intent to deceive or defraud the public or any person, whether ascertained or not, (a) passes off other wares or services as and for those ordered or required; or (b) makes use, in association with wares or services, of any description that is false in a material respect regarding (i) the kind, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of those wares or services. ... liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.

Possession, etc., of counterfeit money

450. Every one who ... (a) buys, receives or offers to buy or receive, (b) has in his custody or possession, or (c) introduces into Canada, counterfeit money is ... liable to imprisonment for a term not exceeding fourteen years.

Uttering, etc., counterfeit money

452. Every one who, without lawful justification or excuse, the proof of which lies on him, (a) utters ... or uses counterfeit money ... or (b) exports, sends or takes counterfeit money out of Canada, is ... liable to imprisonment for a term not exceeding fourteen years.

Laundering proceeds of crime

462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of (a) the commission in Canada of an enterprise crime offence or a designated substance offence; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence or a designated substance offence.

(2) ... liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.


Forfeiture of Proceeds of Crime

A recent amendment to the Criminal Code targets the proceeds of deceptive telemarketing for seizure and forfeiture on the same basis as the proceeds of other types of fraud and drug trafficking.

462.37 (1) ... where an offender is convicted, or discharged ... of an enterprise crime offence and ... any property is proceeds of crime ... the property be forfeited to Her Majesty to be disposed of as the Attorney General directs ...

(2) Where the evidence does not establish ... that the enterprise crime offence ... was committed in relation to property ... but satisfied ... that that property is proceeds of crime, the court may make an order of forfeiture ...

Fine instead of forfeiture

(3) Where ... property ... (a) cannot, on the exercise of due diligence, be located, (b) has been transferred to a third party, (c) is located outside Canada, (d) has been substantially diminished in value or rendered worthless, or (e) has been commingled with other property that cannot be divided without difficulty, the court may, instead of forfeit... (1), order the offender to pay a fine in an amount equal to the value of that property, part or interest.

Imprisonment in default of payment of fine

(4) ... the court shall (a) impose, in default of payment of that fine, a term of imprisonment (i) not exceeding six months, where the amount of the fine does not exceed ten thousand dollars, ranging upwards to (vii) not less than five years and not exceeding ten years, where the amount of the fine exceeds one million dollars; and (b) direct that the term of imprisonment ... be served consecutively to any other term of imprisonment imposed ...

Order of restoration of property

(3) Where a court is satisfied that any person ... is the lawful owner or is lawfully entitled to possession ... the court may order that the property or part thereof be returned to that person.

Application by person claiming interest for relief from forfeiture

462.42 (1) Where any property is forfeited to Her Majesty ... any person who claims an interest in the property, other than the offender ... may, within thirty days after that forfeiture, apply by notice in writing to a judge for an order under subsection (4).

(2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

(3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing thereof on the Attorney General at least fifteen days before the day fixed for the hearing.

(4) Where, on the hearing of an application ... the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.

(6) The Attorney General shall ... (a) direct that the property or the part thereof to which the interest of the applicant relates be returned to the applicant; or (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.


Killing by influence on the mind

228. No person commits culpable homicide where he causes the death of a human being (a) by any influence on the mind alone, or (b) by any disorder or disease resulting from influence on the mind alone, but this section does not apply where a person causes the death of a child or sick person by willfully frightening him.

 

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