Secret Commissions (Sentencing Cases): Difference between revisions

Latest revision as of 10:03, 14 May 2024

This page was last substantively updated or reviewed January 2015. (Rev. # 93084)

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< Cases

Offence Wording

Secret commissions

426 (1) Every one commits an offence who

(a) directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent’s principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent’s principal; or

(b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing
(i) in which the principal has an interest,

(ii) that contains any statement that is false or erroneous or defective in any material particular, and

(iii) that is intended to mislead the principal.

Privity to offence

(2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1) [Secret commissions – various methods].

Punishment

(3) A person who commits an offence under this section is guilty of

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

(b) an offence punishable on summary conviction.

[omitted (4)]
R.S., 1985, c. C-46, s. 426; R.S., 1985, c. 27 (1st Supp.), s. 56; 2007, c. 13, s. 7; 2019, c. 25, s. 161.

– CCC (CanLII), (DOJ)

Note up: 426 (1), (2), (3), and (4)

Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v Granger, 2014 ONCJ 408 (CanLII), per Kenkel J	ON	PC	3 years imprisonment (each count concurrent)	The offender plead guilty to breach of public trust, accepting secret commissions and fraud. He was an employee of Canada Revenue Agency. He used his position to stop an audit against a masonry contractor company. He received a total of $1,109,518.07 in secret commissions. Find summaries of case. Keywords: None
R v Saundercook-Menard, 2008 ONCA 493 (CanLII), per curiam	ON	CA	18 months CSO	Appealed from 2007 CanLII 4581 (ONSC). Find summaries of case. Keywords: None

@@ Line 1: / Line 1: @@
+{{currency2|January|2015}}
 {{LevelZero}}
 {{HeaderSentCases}}
 {{OffencesBoxMini|Secret Commissions}}
-<!--****-->
+==Offence Wording==
+{{quotation2|
+; Secret commissions
+(1) Every one commits an offence who
+:(a) directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent’s principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent’s principal; or
+:(b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing
+::(i) in which the principal has an interest,
+::(ii) that contains any statement that is false or erroneous or defective in any material particular, and
+::(iii) that is intended to mislead the principal.
+; Privity to offence
+(2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1) {{AnnSec4|426(1)}}.
+; Punishment
+(3) A person who commits an offence under this section is guilty of
+:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
+:(b) an offence punishable on summary conviction.
+{{removed|(4)}}
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 426;
+R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 56;
+{{LegHistory00s|2007, c. 13}}, s. 7;
+{{LegHistory10s|2019, c. 25}}, s. 161.
+|{{CCCSec2|426}}
+|{{NoteUp|426|1|2|3|4}}
+}}
 ==Case Digests==
-{{SCaseHeader}}
+{{SCaseHeaderLong}}
-{{SCase1|''R v Granger'', <Br> [http://canlii.ca/t/g8s92 2014 ONCJ 408] (CanLII){{perONCJ| Kenkel J}} | 3 years (each count concurrent) | The offender plead guilty to breach of public trust, accepting secret commissions and fraud. He was an employee of Canada Revenue Agency. He used his position to stop an audit against a masonry contractor company. He received a total of $1,109,518.07 in secret commissions. }}
+{{SCaseLong|{{CanLIIR-S|Granger|g8s92|2014 ONCJ 408 (CanLII)}}{{perONCJ| Kenkel J}}| {{ON}} |PC | {{JailY|3}} (each count concurrent) | The offender plead guilty to breach of public trust, accepting secret commissions and fraud. He was an employee of Canada Revenue Agency. He used his position to stop an audit against a masonry contractor company. He received a total of $1,109,518.07 in secret commissions. {{FindSummaries|g8s92}} {{keywords|}} }}
-{{SCase1|R v Saundercook-Menard, <br> [http://canlii.ca/t/1z15w 2008 ONCA 493] (CanLII){{TheCourt}} | 18 months CSO |Appealed from [http://canlii.ca/t/1qlhz 2007 CanLII 4581] (ON SC). }}
+{{SCaseLong|{{CanLIIR-S|Saundercook-Menard|1z15w|2008 ONCA 493 (CanLII)}}{{TheCourtONCA}} |{{ON}}|CA|{{CSOM|18}} |Appealed from [http://canlii.ca/t/1qlhz 2007 CanLII 4581] (ONSC). {{FindSummaries|1z15w}} {{keywords|}}}}
 {{SCaseEnd}}