[Charges Defended > White Collar Crime > False Pretences]

A charge of False Pretences covers a wide spectrum of possible crimes under the Criminal Code, most of which involve some sort of a financial transaction.  The charge alleges that an accused has made a representation of a past or present fact, that they knew to be false at the time it was made, with the intent that the person to whom the representation was made would act on it.  Depending on the value of what was obtained, a conviction for the charge of False Pretences can result in imprisonment for up to 10 years.  If you or a friend or family member have been charges with False Pretences, there is no substitute for speaking with a criminal lawyer.  AELaw defends False Pretence charges in Toronto and Southern Ontario.  You can contact the firm directly at (416) 877-LAW1 for a free consultation.

What is a false pretence under the Criminal Code?

Under Section 361., (1), a false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.  Subsection (2) states that exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact.  For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.

How is a false pretence or false statement committed?

Under Section 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, (i) the delivery of personal property, (ii) the payment of money, (iii) the making of a loan, (iv) the grant or extension of credit, (v) the discount of an account receivable, or (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).

What is the possible punishment for a for False Pretenses?

Under the Criminal Code, every one who commits an offence under paragraph (1)(a) (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years, where the property obtained is a testamentary instrument or the value of what is obtained exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of what is obtained does not exceed five thousand dollars.

In Canada, a conviction for false pretenses also leaves you susceptible to extradition under the federal law known as the Extradition Act which can be found in the Revised Statutes of Canada collection as Chapter E-23.

What is obtaining execution of valuable security by fraud?

Under Section 363., every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.