Breach of Trust (Sentencing Cases)

This page was last substantively updated or reviewed January 2013. (Rev. # 90156)

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Offence Wording

Criminal breach of trust

336 Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it 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.
R.S., c. C-34, s. 296.

– CCC (CanLII), (DOJ)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v Kwaw, 2011 ONCJ 29 (CanLII), per Pringle J	ON	PC
R v Gopher, 2006 SKCA 86 (CanLII), per Jackson JA	SK	CA	3.5 years	Find summaries of case.
R v Headrick, 2005 ABPC 185 (CanLII), per Fradsham J	AB	PC		Find summaries of case.
R v Gopher, 2005 SKQB 363 (CanLII), per Baynton J	SK	SC		Find summaries of case.
R v R v Eby and Goodman, 2005 YKSC 56 (CanLII), per Veale J	YK	SC		Find summaries of case.
R v Gray, 2000 CanLII 22830 (ON SC), per Hill J	ON	SC		Find summaries of case.
R v Bunn, 2000 SCC 9 (CanLII), [2000] 1 SCR 183, per Lamer CJ	SCC	SCC		Find summaries of case.
R v Shandro, 1985 ABCA 304 (CanLII), [1985] AJ No 578, per Laycraft CJ	AB	CA	3.5 years imprisonment	lawyer defrauded clients of over $200k over 11 years. Full restitution made. Find summaries of case.