CRM 200 Lecture Notes - Lecture 1: Polluter Pays Principle, Youth Criminal Justice Act, Indictable Offence
3 May 2018
School
Department
Course
Professor
Glossary
White Collar Crime:
• financially motivated crime committed for illegal monetary gain;
• crime committed by person of responsibility,
• high social status;
• fo pi stipes to jail stipes
• criminal offence
• eg. fraud
Green Collar Crime:
• crimes committed against environment for profit,
• often by corporations or business ventures;
• polluter pays piiple you spill you pay
• regulatory offence
• eg. pollution
Cyber Crime
• crime that involves computer and network;
• computer may be used in commission of crime or be target of crime,
• fast growing area of crime due to technological advances
• newer criminal offences involving fraud,
• such as identity theft and identity fraud
White Collar Crime
Criminal Code
• offences created by Parliament of Canada,
• exclusive jurisdiction to enact laws against criminal offence;
• Code enacted in 1892, amended each year, new crimes created, revised, re
• Some crimes in other federal statutes,
o eg. drugs (Controlled Drugs and Substances Act),
o crimes committed by young persons (Youth Criminal Justice Act)
Criminal offences
• punish morally blameworthy conduct,
o eg., robbing a person (robbery)
• but not ot doig soethig
o athig peso udess though ope ido, o failig to oe to peso’s assistae,
o unless legal duty to do so
• Crimes must be codified or set out in statute,
o eg., no offences at common law,
o but common law defences exist,
▪ eg., necessity, duress
• All crimes consist of 2 elements:
o physial eleet o pohiited at atus eus ad
o etal eleet o fault euieet es ea
• Criminal Code contains Part dealing with fraudulent transactions: Part X –
to Contracts and Trade
o Section 380 – Fraud
o Section381 Using Mails to Defraud
o Section 382 Fraudulent Manipulation of Stock Exchange Transact
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o Section 382.1 Prohibited Insider Trading
o Section 386 Fraudulent Registration of Title
o Section 387 Fraudulent Sale of Real Property
o Section 392 Disposal of Property to Defraud Creditors
o Section 393 Fraud in Relation to Fares
• Other types of fraud offences:
o Section 402.2 - Identity Theft
o Section 403 - Identity Fraud
o Section 404 – Personation at Examination
o Section 405 – Acknowledging Instrument in False Name
o Section 406 – Forging Trade-mark
o Section 408 – Passing Off
o Section 411 – Used Goods without Disclosure
• Key Principles of Criminal Law:
o Presumption of Innocence:
▪ accused presumed innocent (not guilty) until proven other
o Burden of Proof:
▪ Crown bears burden of proof beyond reasonable doubt of
▪ accused can raise reasonable doubt so as to be found not
o Elements of Criminal Offence:
▪ all criminal elements consist of two elements which must
doubt by Crown:
• (1) actus reus: physical element or prohibited act
• (1) mens rea: and mental element or fault require
Fraud, s.380(1):
DEFINATION
Every one who, by deceit (dishonesty), falsehood or other fraudulent
means, whether or not it is a false pretence (an attempt to make
something that is not the case appear true) within the meaning of this
Act, defrauds the public or any person, whether established or not, of
any property, money or valuable security or any service,
(a) is guilty of an indictable offence (criminal offence) and
liable to a term of imprisonment
o not exceeding 14 years,
▪ where the subject-matter of the offence is a
testamentary instrument or the value of the
subject-matter of the offence exceeds
$5,000; o
(b) is guilty (i) of an indictable offence (criminal offence)
and is liable to imprisonment for a term
o not exceeding 2 years, or (ii) of an offence
punishable on summary conviction, where the value
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of the subject-matter of the offence does not
exceed $5,000
Everyone:
• s.2 definition includes organization (persons and corporations)
Deceit, falsehood
or other fraudulent
means:
fraud consists of
• dishonest act (deceit, falsehood or other fraudulent means)
and
• (2) deprivation (proof of detriment, prejudice, risk of prejudice
to economic interests of victim)
False pretence:
Criminal Code offence, s.361:
• a representation of a matter of fact, either present or past,
made by words or otherwise, known by person who makes it to
be false, and made with fraudulent intent to induce person to
whom it is made to act on it
Defrauds the public
or any person:
victim may be individual or government
Of any property,
money or valuable
security or any
service:
property includes real or personal property; valuable security includes
shares
Indictable offence:
most serious type of criminal offence, maximum penalty for fraud 14
years
$5,000 value of
subject matter:
less serious form of fraud if value of fraud under $5,000 (2 years jail if
prosecutor proceeds by indictment)
Summary
conviction:
least serious criminal offence, general penalty $5,000 fine and/or 6
months jail; prosecutor elects summary conviction procedure
Identity Theft, s.402.2:
Everyone commits offence who knowingly obtains or possesses
another person’s identity information
• (includes biological or physiological information, DNA profile,
name, address, date of birth, credit card number, debit card
number, financial institution account number, social
insurance number, health insurance number)
in circumstances giving rise to reasonable inference that information
is intended to be used to commit indictable offence that includes
fraud, deceit or falsehood as element of the offence
Indictable offence:
includes fraud (s.380) and identity fraud (s.403)
Punishment:
indictable offence – 5 years, or summary conviction offence
Identity Fraud, s.403:
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find more resources at oneclass.com
Document Summary
Every one who, by deceit (dishonesty), falsehood or other fraudulent means, whether or not it is a false pretence (an attempt to make something that is not the case appear true) within the meaning of this. ,000; o (b) is guilty (i) of an indictable offence (criminal offence) and is liable to imprisonment for a term: not exceeding 2 years, or (ii) of an offence punishable on summary conviction, where the value. Of any property, money or valuable security or any service: Indictable offence: most serious type of criminal offence, maximum penalty for fraud 14 property includes real or personal property; valuable security includes shares. Summary conviction: years less serious form of fraud if value of fraud under ,000 (2 years jail if prosecutor proceeds by indictment) least serious criminal offence, general penalty ,000 fine and/or 6 months jail; prosecutor elects summary conviction procedure.
