Utter Forged Documents Defence Lawyers

Being charged with a criminal offence can be a very confusing and stressful experience. A criminal record can have very serious negative implications on an individual’s ability to work, travel, volunteer and obtain certain education opportunities. As a result, it is important to protect your rights from the outset if you have been accused of a criminal offence.

Donich Law has experience defending individuals charged with uttering forged documents, theft and fraud in Toronto and throughout Ontario. We combine risk management, negotiation, and litigation to achieve the best outcomes for our clients. If you have been charged with use, trafficking or possession of forged documents in Toronto or elsewhere in Ontario, Donich Law can assist you in developing the best defence to the allegations against you.

Section 366(1) of the Criminal Code outlines the offence of forgery. It states that an individual commits forgery when they make a false document, knowing it to be false, with intent

  • that it should be used in any way or acted on as genuine, to the prejudice of anyone whether inside of Canada or not; or
  • that a person should be induced, by the belief that the document is genuine, to do or to refrain from doing anything, whether inside of Canada or not.

Section 366(2) of the Code outlines what it means to make a false document. It states that an individual makes a false document when they

  • alter a genuine document in any material part;
  • make material additions to a genuine document or adding to it a false date, attestation, seal, or other thing that is material; or
  • Make a material alteration in a genuine document by erasure, obliteration, removal, or any other way.

This means that if an individual alters a genuine document, in any way, including adding to, removing from, or changing any material part of the document, they are guilty of making a false document. The forgery is considered complete as soon as the document is made with the knowledge and intent referred to above in section 366(1) of the Code.

The accused need not intend that a particular person will use or act on the document for the forgery to be considered complete. The forgery will also be considered complete notwithstanding the fact that the document is incomplete or does not purport to be a legally binding document.

The maximum penalties for forgery range from two years less a day in prison and/or a $5,000 fine to up to ten years in prison, depending on how the Crown elects to proceed.

Having a complete understanding of the Elements of the Criminal OffenceYour Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

Global News Morning Show: Sentencing Arguments in Assault case of Dafonte Miller.

Breakfast Television: Role of Mental Health in Court Proceedings.

Global News National: Bruce McArthur will not serve consecutive sentences – here’s why.

CBC Radio: Interview with Mayor John Tory and Jordan Donich on CBC Radio.

CTV News National: Handgun ban supported by majority of Canadians: Nanos survey.

Global News: Should Canada ban Handguns? Debate stirs after Danforth shooting.

Global News: How difficult is it to get a legal handgun in Canada.

Legal Information

Frequently Asked Questions

What is Use, Trafficking or Possession of Forged Documents?
Forgery Instruments
How does the Crown Prove Forgery?
How does the Crown Prove Use, Trafficking or Possession of Forged Documents?
What are Common Examples of Forged Documents?
How to Defend Forged Documents Charges?
What are Common Penalties for Forgery?
What are Common Penalties for Possession of Forged Documents?

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What is Use, Trafficking or Possession of Forged Documents?

Section 368(1) of the Criminal Code outlines the offence of use, trafficking or possession of forged documents. The Code states that an individual commits an offence when they, knowing or believing a document is forged,

  • uses, deals with or acts on it as if it were genuine;
  • causes to attempts to cause any person to use, deal with or act on it as if it were genuine;
  • 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
  • Possesses it with intent to commit an offence under any of paragraphs (a) (b) or (c).

Section 368(2) stipulates that it is not relevant where the forged document was created.

Forgery Instruments

Section 368.1 of the Criminal Code states that it is a criminal offence to, without lawful authority or excuse, make, repair, buy, sell, import, or export, or possess an 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.

Forgery instruments is a hybrid offence. Where the Crown proceeds summarily an accused will face a maximum of two years less a day in prison and/or up to a $5,000 fine upon conviction. Where the Crown proceeds by indictment, an accused will face a maximum of fourteen years upon conviction.

How does the Crown Prove Forgery?

As with any criminal offence, the burden of proof lies with the Crown to prove beyond a reasonable doubt that the accused committed the offence(s) as charged. To gain a forgery conviction, the Crown must first prove the identity of the accused, the date and time of the offence and the jurisdiction in which the crime was committed.

The Crown must also prove that the document was a false document and that the accused created it. The Crown must prove that the accused had knowledge that the document was a false document. The Crown must prove that the accused acted with intent to either use the document or cause it to be acted upon as if genuine, to the prejudice of any person, or with the intent that another person would be induced, by the belief that the document is genuine, or to do or refrain from doing anything. Finally, the Crown must prove that the accused was not acting in good faith at the direction of a police force, the Canadian Forces or a department or agency of the federal or provincial government.

How does the Crown Prove Use, Trafficking or Possession of Forged Documents?

To prove a use, trafficking or possession of forged documents charge the Crown must first prove, beyond a reasonable doubt, the identity of the accused, the date and time of the offence and the jurisdiction in which the offence was committed.

In addition, the Crown must also prove that the document was a false document with monetary value and that the accused had knowledge that the document was false and had monetary value. Finally, the Crown must prove that the accused either used, dealt with or acted on the document as if it were genuine, caused or attempted to cause any person to use, deal with or act on the document as if it were genuine, transferred, sold or offered to sell the document or make it available to any person, knowing that or being reckless as to whether an offence will be committed under sections 368(a) or (b) of the Criminal Code, or possessed the document with the intent to commit an offence under section 368 (a)-(c) of the Criminal Code.

What are Common Examples of Forged Documents?

Virtually any document can be forged, from simple invoices to passports and other travel documents. Common examples of forged documents include cheques, financial documents, invoices and receipts, employment records. In some cases, the document itself may be legitimate but the accused may have forged a signature. This is also considered a false document.

How to Defend Forgery or Use, Trafficking or Possession of Forged Documents Charges

The best defence to any forgery or use, trafficking or possession of forged documents charge will depend on the facts of the case and the evidence in the possession of the Crown.

In some cases, Charter challenges may be utilized to get certain key pieces of evidence excluded from the case. In other cases, the accused may argue that they were genuinely unaware that the documents were forged or that they did not intend to cause deprivation of any kind to anyone. These defences will only be successful where the Court believes the accused’s story, so the defence must have some air of reality.

If you have been charged with forgery or use, trafficking or possession of forged documents it is important to protect your rights from the moment of arrest. The most effective way to accomplish this is to hire experienced legal counsel to assist you in formulating a defence. Donich Law has experience defending individuals charged with forgery and other fraud offences in Toronto and throughout Ontario. We can assist you in navigating the justice system to ensure you receive the best outcome in your case.

What are Common Penalties for Forgery?

Forgery is a hybrid offence. This means the Crown has discretion as to whether the cases proceed by indictment or summary conviction. The Crown will elect to proceed by indictment in the most serious cases and by summary conviction in all other cases.  Where the Crown elects to proceed by indictment, an accused will face up to ten years in prison upon conviction. Where the Crown elects to proceed summarily, an accused will face up to two years less a day in prison and/or up to a $5,000 fine upon conviction.

In most cases however, an accused who is convicted of a criminal offence will not be sentenced to the maximum penalty. Depending on the severity of the allegations and the amount of deprivation caused as a result of the accused’s actions, those convicted of forgery may be sentenced to probation, ordered to complete community service, ordered to pay fines and/or restitution, sentenced to a period of incarceration or be given a discharge or conditional sentence.

What are Common Penalties for Use, Trafficking or Possession of Forged Documents?

Use, trafficking or possession of a forged document is a hybrid offence. This means the Crown may choose to elect to proceed summarily or by indictment, depending on the nature and severity of the allegations. Where the allegations are serious the Crown will generally proceed by indictment and in all other cases summarily. Where the Crown elects to proceed by indictment, an accused will face a maximum of ten years in prison upon conviction. Where the Crown elects to proceed summarily, an accused will face a maximum of two years less a day in prison and/or up to a $5,000 fine upon conviction.

Generally, maximum penalties are reserved for only the most serious cases. As a result, the majority of people who are convicted of an offence will be sentenced to less than the maximum penalty. Depending on the severity of the allegations and the amount of deprivation caused by the accused’s actions, those convicted of use, trafficking or possession of forged documents may be sentenced to a period of probation, ordered to pay a fine and/or restitution, ordered to complete community service, or be granted a discharge or conditional sentence.

Quick Facts

What is Use, Trafficking or Possession of Forged Documents?

An individual is guilty of use, trafficking or possession of forged documents when they, knowing or believing that a document is forged, uses, deals with or acts on it as if it were genuine, causes or attempts to cause any person to use, deal with or act on it as if it were genuine, 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, or possess it with intent to commit an offence under section 368(1) of the Criminal Code.

Will I go to Jail for Use, Trafficking or Possession of Forged Documents?

In some cases, yes. The sentences for those convicted of use, trafficking or possession of forged documents varies significantly from one offender to the next. Many factors including the severity of the allegations and the amount of deprivation caused will factor in when the Court determines the most appropriate sentence.

What is Forgery?

An individual commits forgery when they create a false document, knowing it to be false, with the intent that it should be used or acted upon as genuine, to the prejudice of anyone inside or outside of Canada, or with the intent that a person should be induced, by the belief that the document is genuine, to do or to refrain from doing anything, whether inside Canada or not.

Will I go to Jail for Forgery?

In some cases, yes. Sentences for those convicted of forgery can range significantly from one offender to the next depending on the nature and severity of the allegations. In the most serious cases an offender may be sentenced to up to ten years in prison. In less serious cases, those convicted may be sentenced to probation, ordered to pay fines and/or restitution, or be granted a discharge or conditional sentence.

What are the Maximum Penalties for Use, Trafficking or Possession of Forged Documents?

The maximum penalties for those convicted of use, trafficking or possession of forged documents range from ten years in prison to two years less a day in prison and/or up to a $5,000 fine.

Will a Conviction for Use, Trafficking or Possession of Forged Documents Affect my Ability to Work?

In some cases, yes. Having any type of criminal record may affect one’s ability to gain employment, especially in certain industries. The majority of Canadian employers require a background check prior to hiring an employee. This can cause issues for those who have a criminal history.

What if I am a First Time Offender?

The fact that an accused is a first-time offender is mitigating factor. This means that if the accused is convicted, the fact that they are a first-time offender will likely help reduce the sentence that is imposed.

416-DEFENCE | 416-333-3623