Faux (jurisprudence des peines)

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Offence Wording

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.

When forgery complete

(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1) [faux – formes de fabrication de faux documents], notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.

Forgery complete though document incomplete

(4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.

Exception

(5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.
R.S., 1985, c. C-46, s. 366; 2009, c. 28, s. 7.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Punishment for forgery

367. Every one who commits forgery

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24.

– CCC (CanLII), (Jus.)

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Use, trafficking or possession of forged document

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).

Punishment

(1.1) Everyone who commits an offence under subsection (1) [utilisation, trafic ou possession de documents contrefaits]

(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) is guilty of an offence punishable on summary conviction.

Wherever forged

(2) For the purposes of proceedings under this section, the place where a document was forged is not material.
R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F); 1997, c. 18, s. 25; 2009, c. 28, s. 8.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Forgery instruments

368.1 Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery.
2009, c. 28, s. 9.

– CCC (CanLII), (Jus.)

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Digests

Case Name	Prv.	Crt.	Sentence	Summary
2017
R v Drummond, 2017 CanLII 81318 (NL SC), par Burrage J	NL	SC	3 months CSO	"Following a guilty plea and conviction, the 70-year-old offender was given a conditional sentence of three months concurrent on two counts of forgery of a document, contrary to section 368(1)(a) of the Criminal Code. In October 2014 the offender signed two Agreements of Purchase and Sale of real property using a false name, but failed to provide the requisite deposit. As such, the agreements were not legally binding. The offender did not profit from the forgery, nor did the vendors suffer a financial loss. The offender had a prior criminal record for fraud arising from events in 1996-97 and 2013." Trouver des résumés de cas.
2016
R v Burke, 2016 NLTD 135(*pas de liens CanLII)	NL	SC	12 mois d'emprisonnement	The offender was convicted at trial of fraud, forgery and uttering forged documents. "Mr. Burke, who was a real estate agent, engaged in a 'complex and sophisticated scheme', in which he created eight false Purchase and Sale Agreements for real estate. From 2009 until 2011 he used those agreements and other forged documents to obtain advances on his real estate commissions. As the scheduled closing dates arrived, there were false amending agreements, creating new fictitious closing dates. Eventually, ... “detection was inevitable”. The total monies advanced was $65,331.12, of which $35,821.85 (exclusive of interest) remained outstanding at the time of sentencing." [1] The offence was considered a "serious and deliberate breach of trust." Find summaries of case.
R v Escott, 2016 CanLII 24770 (NL PC, par Linehan J	NL	PC	Ordonnances de probation	"Mr. Escott, who was the president of a local bowler’s association, forged the signature of the association’s treasurer to eight cheques, totalling more than $50,000. There was no associated fraud involved, the cheques involved legitimate expenditures and Mr. Escott did not financially benefit from the forgeries. The matter came to light, however, when a number of cheques were returned by the bank, as there were insufficient funds in the association’s account. Mr. Escott’s actions damaged the reputation of the association and ... constituted a “serious breach of trust”. As against this aggravating factor, Mr. Escott entered a guilty plea, made an early admission to police and had no prior criminal record." [2] Trouver des résumés de cas.
2013
R v Torske, 2013 ABCA 162 (CanLII), par Côté JA (2:1)	AB	CA	9 months CSO	lawyer forged 21 prescriptions Trouver des résumés de cas.
R v Scinocca, 2013 MBPC 37 (CanLII), par J	MB	PC		Trouver des résumés de cas.
2012
R v Shankar, 2012 BCPC 5 (CanLII), par Giardini J	BC	PC	10 months CSO	$5k+ defraud of ICBC Trouver des résumés de cas.
2011
R v Chukwu, 2011 ONSC 2216 (CanLII), par Kiteley J	ON	SC	6 mois d'emprisonnement (counterfeit and forgery)	The offender plead guilty to possession of a counterfeit mark and one count of knowingly using a forged document relating to forged passport and driver's licence. Also convicted for the importation of cocaine. Trouver des résumés de cas.
R v Sanborn, 2011 BCPC 129 (CanLII), par Dickey J	BC	PC	discharge	Trouver des résumés de cas.
2010
R v Perreault, 2010 BCPC 260 (CanLII), par Bastin J	BC	PC	discharge	RCMP police officer forges overtime slips (under $5,000) Trouver des résumés de cas.
2009
R v Oguamanam, 2009 ONCJ 257 (CanLII), par Robertson J	ON	PC	20 mois d'emprisonnement (global)	Plead guilt to 6 counts of counterfeit mark and 7 counts of possessing stolen credit/debit cards. Trouver des résumés de cas.
R v Andersen, 2009 NLTD 143 (CanLII), par Dymond J	NL	SC	15 mois d'emprisonnement (forgery) 9 mois d'emprisonnement (public trust)	"Sentencing for forgery and breach of trust. Public Official pleads guilty to two counts: forgery and breach of trust involving $89,474." Judge rejected Conditional Sentence. He ordered restitution of full amount to the Government." Trouver des résumés de cas.
2008
R v Okubadejo, 2008 CanLII 70041 (ON SC, par Spies J	ON	SC	42 months (global)	"the accused was convicted after a trial of several offences relating to the possession of machinery to commit forgery, possession of three forged credit cards, and possession of credit card data. There was no evidence of actual loss. The offender had one previous conviction for forgery and one previous conviction for possession of a forged credit card. After a review of the surprisingly scant authorities, my colleague Spies J. determined that a global sentence of three and one half years was appropriate." Trouver des résumés de cas.
2006
R v Stuart, 2006 ABPC 257 (CanLII), par Millar J	AB	PC	discharge	making false statement on mortgage application Trouver des résumés de cas.
2005
R v Fitzpatrick, 2005 NLTD 76 (CanLII), par Goulding J	NL	SC	Ordonnances de probation	"the offender pled guilty to forgery and fraud under $5,000. Mr. Fitzpatrick created a bank account in the name of a deceased relative and used it to withdraw or borrow money from the bank. Goulding, J. accepted the Crown’s recommendation of a suspended sentence and two years’ probation." [3] Trouver des résumés de cas.
R v Key, 2005 SKCA 63 (CanLII), par J	SK	CA		Trouver des résumés de cas.
R v Thiel, 2005 ABPC 149 (CanLII), par McNab J	AB	PC		Trouver des résumés de cas.
R v Jadavji, 2005 ABPC 322 (CanLII), {{{4}}}, par Brown J	AB	PC	27 mois d'emprisonnement	"The accused pled guilty to three fraud offences, two counts of personation, and four of uttering forged documents. ...The accused applied for a student loan, without being eligible. He received $1,740. He then forged two letters in an unsuccessful attempt to increase the funding. ... He unsuccessfully attempted to get a driving test supported by a forged permit. ... He obtained credit approval in the amount of $42,822.15, using two forged letters. It appears that he did not access that money. He did, however, obtain a car on credit after supplying other forged documents. The car was repossessed at a loss to the firm of $10,980. ...The accused had a youth record of 68 convictions, including four for personation and 47 for theft and forgery. ...Her Honour Judge Brown ruled that rehabilitation was not applicable, because rehabilitative sentences had not been effective. Specific deterrence was required. She imposed a sentence equivalent to 27 months." Trouver des résumés de cas.
2000
R v Zinkhofer, 2000 ABPC 16 (CanLII), par Delong J	AB	PC	3 mois d'emprisonnement	Trouver des résumés de cas.
1997
R v Gottli, 1997 CanLII 23072 (MB KB), par J	MB	SC		Trouver des résumés de cas.
1993
R v Burns, 1993 CanLII 16378 (AB CJ), [1993] AJ No 998	AB		4 mois d'emprisonnement	For 11 years the offender impersonated a paramedic and doctor without any actual training. "The accused was sentenced to four months’ imprisonment for uttering a forged document....The accused failed her second year of medical school, and never obtained that degree. Nevertheless, over a period of 13 years she falsely claimed to have a M.D. and a P.H.D. ... She obtained positions at two institutions teaching students in areas related to her purported qualifications. For the first ten years, these claimed degrees were not required qualifications, but may have lead to her being hired over other qualified applicants, and to undeserved promotions. For the last three years, the claimed qualifications were essential to obtaining the positions. ..The accused received an extra salary of $40,000 based on the false claim of qualifications. More importantly, her falsehoods lead to questions about the quality of the education received by her students. ...The accused pled guilty. She had no record. It was also noted that she was largely qualified for the positions that she took and that she received very good performance appraisals. ...Nevertheless, she was sentenced to four months’ imprisonment. The court ruled that general deterrence was required." Trouver des résumés de cas.
1991
R v Basaraba, [1991] AJ No 1073(*pas de liens CanLII)	AB		Ordonnances de probation	Trouver des résumés de cas.

Passport Forgery

Case Name	Prv.	Crt.	Sentence	Summary
2021
R v Kapoor, 2021 BCSC 2516 (CanLII), par Blok J	BC	SC	6 mois d'emprisonnement plus 3 years probation	Trouver des résumés de cas.
2018
R v Zeitoune, 2018 ONSC 4363 (CanLII), par MacDonnell J	ON	SC	3.5 ans d'emprisonnement	The offender was convicted of breach of public trust, procuring passports, forgery of passports, making false statements to procure passports, and making forged passports available. Trouver des résumés de cas.

See Also

• Identity Theft and Fraud (Sentencing Cases)