QUICK TAKEAWAY
Forgery: If you create or alter a document with false information that can be used to gain a financial or legal advantage, you have committed forgery, a crime under s.366 of the Criminal Code. You can also be charged if you assist in the production of a forged document or play a role in passing it off as the real thing. The maximum penalty for forgery charges ranges from 10 to 14 years.
Table of Contents:
What is Forgery in Canada?
Forgery is when you make a document "that you know to be false" with the intent of passing it off as genuine. This action is illegal under s.366 of the Criminal Code, which states that forgery includes adding, altering or removing material from a genuine document. Examples would include writing a false signature on a cheque and creating bogus letters to submit for insurance or healthcare purposes.
Types of Forgery-Related Charges
Trafficking or Possession of Forged Document
Section 366 of the Code makes it illegal to pass along documents you know to be forgeries and to pretend they are genuine in order to benefit yourself or others. Even if you don't know for sure that the item is the real thing, you can be charged under this section of the Code if you are "reckless" as to their authenticity.
Forgery Instruments
Section 368.1 of the Code makes it illegal to make, repair, buy, sell, or possess any instrument or material that can be used to commit forgery.
Exchequer Bill Paper, Public Seals, etc.
Section 369 of the Code makes it illegal to possess the type of paper (Exchequer bill paperPaper used to print currency) that is used to make banknotes. This section also makes it illegal for you to make, reproduce or uses a public seal of the country, province, public body or a court of law.
Counterfeiting Mark
Section 376 (2) of the Code makes it illegal for you to make, sell or have in your possession a counterfeit markA symbol that falsely shows a product has met a certain standard. These are symbols or insignias that are affixed to an item to ascertain that certain standards have been met. These could include symbols used by the government or Canada or its provinces, or markings awarded by commissions or agencies.
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove that the document in question is a forgery and that you played some role in its production. They must show that the document has some financial or legal significance, and did or could have benefitted you. They also must show that you had the intent to defraud or trick another person or entity, and had the knowledge and the tools to create a forged document.
You could argue you did not intend to defraud or deceive anyone with the forged document. Depending on the circumstances, you could argue you did not know it was a forgery, or you were coerced into playing a part in its production. Your lawyer may be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during the police investigation. In all cases, a successful defence is built on the facts of the case.
Treated as a Hybrid Offence
Forgery is a hybrid offence, meaning the Crown can proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences or by summary convictionUsed for lesser offences. Being found guilty of an indictable offence carries more severe penalties than a summary conviction. The Crown will consider such factors as the seriousness of the incident and your prior criminal record when deciding how to proceed.
Penalties for Forgery in Canada
If you are charged with creating, trafficking or possessing forgeries, the Crown can treat it as an indictable offence under s.367 of the Code, which states the maximum penalty is 10 years, with lesser penalties given if the charge is treated as a summary conviction. The charges of creating a forged mark, possessing/selling instruments that are used for forgeries, or possessing the paper used to print money are all treated as indictable offences, with maximum penalties of 14 years in prison.
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Abergel Goldstein & Partners LLP
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Glossary of Legal Terms
Counterfeit mark
A label, sticker, emblem or other symbol that is identical with or substantially indistinguishable from a genuine mark or designation and is often used to falsely show that a product has met a certain standard.
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Exchequer bill paper
The paper used to print government-issued currency. People who fraudulently make their own currency can be charged with forgery.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
