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Forgery And False Pretences Lawyer In Toronto

Mississauga, Brampton and Newmarket Forgery and False Pretences Lawyer

Commonly Asked Questions

  1. What is forgery?
  2. What is the sentence for forgery?
  3. What is the offence of uttering a forged document?
  4. What is the sentence for the offence of uttering a forged document?
  5. What is the offence of possession of forgery instruments?
  6. What is the sentence for the offence of possession of forgery instruments?
  7. What is the offence of false pretences?
  8. What is the sentence for the offence of false pretences?
  9. What are my Charter rights?
  10. Can the Charter help my defence?
  11. Can I get assistance from Legal Aid Ontario for my case?

The offence of forgery, uttering a forged document and false pretences are very serious offences. A conviction for these types of offences can mean prison time and may have life altering consequences. To properly defend these types of charges, you require the assistance of a knowledgeable and skilled defence lawyer.

I offer my clients more than 35 years of experience practicing criminal law here in Ontario. I understand the law and the legal system, and use the knowledge and skill I have gained over the years to protect my clients' rights.

If your case requires a jury trial, I have the necessary experience, advocacy skills and confidence to convincingly argue your case to the jury.

Call Defence Lawyer Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, office today to discuss your forgery, uttering a forged document, or false pretences case. I offer a free 30-minute consultation. For your convenience, I offer reasonable payment plans. I also accept Legal Aid in some cases. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or by e-mail.

What is Forgery?

The offence of forgery is a very specific offence that involves the making of a false document, knowing that the document is false, combined with the intent that the document be used or acted upon as if it were genuine to the prejudice of another person.

Section 366 of the Criminal Code of Canada provides, in part, as follows:

  • 366(1) Every one commits forgery who makes a false document, knowing it to be false, with intent
    1. (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
    2. (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.
  • (2) Making a false document includes
    1. (a) altering a genuine document in any material part;
    2. (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
    3. (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.
  • (3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), 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.
  • (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.

The "false document" must be false in some material particular, including the very purpose for which it was created. The "false document" must also be "forged". It is not enough if the false document is merely false. In order to be "forged", there must be evidence of prejudice, or of the intent to cause prejudice, which requires an element of moral blameworthiness which goes beyond negligence or incompetence. A simple example is a valid cheque that becomes a forged document when an unauthorized endorsement or signature is placed upon it.

What is the Sentence for Forgery?

Section 367 of the Criminal Code of Canada provides as follows:

  • 367 Every one who commits forgery
    1. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    2. (b) is guilty of an offence punishable on summary conviction.

What is the Offence of Uttering a Forged Document?

The offence of uttering a forged document is committed when an accused, knowing or believing that a document is forged, uses the document as if it were genuine or causes or attempts to cause someone else to deal with the document or act on the document as if it were genuine.

Section 368 of the Criminal Code of Canada provides as follows:

  • 368(1) Everyone commits an offence who, knowing or believing that a document is forged,
    1. (a) uses, deals with or acts on it as if it were genuine;
    2. (b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
    3. (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
    4. (d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).
  • (1.1) Everyone who commits an offence under subsection (1)
    1. (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
    2. (b) is guilty of an offence punishable on summary conviction.

What is the Offence of Possession of Forgery Instruments?

Section 368.1 of the Criminal Code of Canada provides as follows:

  1. 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.

What is the Offence of False Pretences?

The offence of false pretences is the offence of obtaining anything by providing false information, for example, providing false information to obtain a loan or a mortgage. It also includes an accused writing a cheque knowing that there are insufficient funds in his or her account to cover the amount of the cheque.

Section 362 of the Criminal Code of Canada provides as follows:

  • 362 (1) Every one commits an offence who
  • (a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;
  • (b) obtains credit by a false pretence or by fraud;
  • (c) knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,
    1. (i) the delivery of personal property,
    2. (ii) the payment of money,
    3. (iii) the making of a loan,
    4. (iv) the grant or extension of credit,
    5. (v) the discount of an account receivable, or
    6. (vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or
  • (d) knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi).
  • (2) Every one who commits an offence under paragraph (1)(a)
    1. (a) if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of
    2. (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or
    3. (ii) an offence punishable on summary conviction; or
    4. (b) if the value of what is obtained is not more than $5,000, is guilty
    5. (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
    6. (ii) of an offence punishable on summary conviction.
  • (3) Every person who commits an offence under paragraph (1)(b), (c) or (d) is guilty of
  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
  • (b) an offence punishable on summary conviction.
  • (4) Where, in proceedings under paragraph (1)(a), it is shown that anything was obtained by the accused by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were on deposit to the credit of the accused in the bank or other institution on which the cheque was drawn, it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured if presented for payment within a reasonable time after it was issued.
  • (5) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

Pre-Trial Charter Applications

Often, the best defence to a criminal charge involves a challenge to the investigation that resulted in the arrest of the accused or the collection of evidence against the accused. The police are not allowed to breach the rights that are guaranteed to the accused by the Canadian Charter of Rights and Freedoms.

I will investigate any possible Charter breaches by carefully reviewing the Crown disclosure documents, including the documents used by the police to obtain search warrants for the home, car or other property of the accused, and the documents used by the police to obtain production orders, such as for cell phone records and wiretap authorizations.

If I detect any violation of the Charter rights of the accused or violation of acceptable investigative procedures established by the courts, I will proceed with an application asking for the exclusion of evidence from the trial of the accused obtained illegally by the police, including the statements of the accused and other evidence seized during the investigation.

I have an established reputation for success in pre-trial applications. Winning a Charter application will result in the exclusion of evidence if the court determines that not excluding the evidence will bring the administration of justice into disrepute. The exclusion of evidence often results in a finding of not guilty if the Crown's remaining evidence is insufficient to prove that the accused committed the offence beyond a reasonable doubt.

I have the necessary experience, research skills, writing skills, and advocacy skills to prepare and effectively argue pre-trial Charter applications. The value of legal writing skills cannot be overstated since proceeding with pre-trial Charter applications will require the preparation of several documents including a Notice of Application, an Affidavit, and a Factum setting out the relevant facts and summarizing the relevant case law.

Call Defence Lawyer Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, office today to discuss your forgery, uttering a forged document, or false pretences case. I offer a free 30-minute consultation. For your convenience, I offer reasonable payment plans. I also accept Legal Aid in some cases. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or by e-mail.

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