Fraud is a complex crime that involves deceit, falsehood, or other fraudulent means to deprive the public or an individual of property, money, valuable security or any service. Whether it is an allegation of employee theft or credit card fraud, the potential consequences of a conviction in Alberta are severe. At White & Jeet Law, we defend clients against all types of fraud allegations under the
Criminal Code of Canada.
The Law: Section 380 of the Criminal Code
To secure a conviction for fraud, the Crown Prosecutor must prove two elements beyond a reasonable doubt:
- The Prohibited Act (Actus Reus): You used deceit, a falsehood, or some other fraudulent means, which resulted in a deprivation (or the risk of deprivation) to the victim. You do not actually have to pocket the money; creating the risk of loss is sufficient.
- The Guilty Mind (Mens Rea): You must have had subjective knowledge that your actions were deceitful or fraudulent, and you must have known that your actions could result in deprivation to the victim.
Under and Over $5,000: The Crown Prosecutor’s Election
The severity of a fraud charge hinges primarily on the financial value of the deprivation.
| Charge |
Classification / Crown Election |
Maximum Penalty |
| Fraud Under $5,000 |
Hybrid Offence |
Up to 2 years imprisonment (if the Crown prosecutor proceeds by indictment) |
| Fraud Over $5,000 |
Straight Indictable |
Up to 14 years imprisonment. |
Furthermore, under Section 380(1)(a) of the
Criminal Code, if the value of the fraud exceeds $1,000,000, there is a mandatory minimum sentence of two years in jail.
Aggravating Factors in Alberta Courts
When sentencing for fraud in Alberta, judges look heavily at the context. Breaching a position of trust (such as an employee stealing from an employer, or a financial advisor defrauding a client) is a major aggravating factor. The courts often view “breach of trust” frauds as requiring a deterrent sentence.
Defending Fraud Charges at White & Jeet Law
Fraud cases are incredibly paper-heavy. Defending them requires a lawyer who can meticulously review bank records, forensic accounting reports, and corporate documents. Key defence strategies include:
- Lack of Mens Rea (Intent): Proving that the actions were the result of a genuine misunderstanding, rather than intentional deceit.
- Colour of Right: Demonstrating that the accused honestly believed they had a legal right to the funds or property in question.
- Charter Applications: Challenging the admissibility of evidence if the police obtained financial records without proper warrants, violating Section 8 of the Charter.
A fraud conviction creates a “crime of dishonesty” record, making future employment in almost any field incredibly difficult. Do not leave your future to chance. Contact a skilled criminal defense lawyer at White & Jeet Law today.
