The action of deliberately crafting a fraudulent document with the intention of presenting it as genuine constitutes forgery. This behaviour is considered a criminal act under the provision of section 366 of the Criminal Code. This section broadly encompasses activities such as appending to, amending, or extracting content from a legitimate document.
Forgery may manifest itself in several forms, including forging signatures on checks or manufacturing misleading letters for insurance or healthcare claims. It's crucial to understand that one may be held liable for forgery even if they assist in creating a false document or contribute to its presentation as an original piece.
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Categories of Forgery Accusations
Circulation, Dealing, or Holding a Forged Document
Section 366 of the Criminal Code makes it illegal to knowingly present false documents as real, with an intention to procure benefits for oneself or others. Regardless of your certainty about a document's authenticity, you may still be liable under this section if you exhibit "indifference" concerning the document’s legitimacy.
Possession of Exchequer Bill Paper, Public Seals, and similar items
Section 369 of the Criminal Code renders the possession of exchequer bill paper (used for producing banknotes) illegal. This section further bans the creation, duplication, or utilization of public seals related to the nation, a province, a public entity, or a court.
Faking a Mark
As stipulated by Section 376 (2) of the Code, it is illegal to produce, distribute, or hold a forged mark. These marks are emblems or badges attached to items to certify compliance with particular standards. Examples could include symbols of the Canadian government or provinces, or marks granted by commissions or agencies.
Forgery Tools
Section 368.1 of the Criminal Code proscribes the fabrication, repair, acquisition, distribution, or ownership of any tools or materials explicitly intended for use in forgery.
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Potential Penalties for Forgery
Forgery is considered a hybrid offence, giving the Crown the option to prosecute it either as an indictable offence or by summary conviction. Conviction for an indictable offence results in more severe forgery penalties compared to a summary conviction. When determining the appropriate course of action, the Crown takes into account factors such as the gravity of the forgery offence and your previous criminal record.
If you face charges related to creating, trafficking, or possessing forged documents, the Crown can treat it as an indictable offence under section 367 of the Criminal Code. This section specifies a maximum penalty of 10 years.
Forgery offences such as creating a forged mark, possessing or selling instruments used for forgery, or possessing paper utilized for printing money are all regarded as indictable offences, carrying a maximum sentence of 14 years imprisonment.
Expert legal counsel may help mitigate the penalties of a forgery conviction by using their experience to build a defence tailored to your forgery charge. Get started today by calling (855) 585-1777 for a free lawyer consultation.
Don’t Face Your Forgery Charge Alone
An experienced criminal defence lawyer is essential when facing a forgery charge. They can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your specific case.
Need a Lawyer? Get a Free Consultation With a Skilled Defence Lawyer
Don't hesitate to reach out to us if you have been charged with forgery. Call (855) 585-1777and a skilled defence lawyer will discuss your case with you and explore your options.