[Charges Defended > White Collar Crime > Forgery]

What is Forgery under the Criminal Code?

Under Section 366. (1), every one commits forgery who makes a false document, knowing it to be false, with intent (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 (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.

What is Making false document under the Criminal Code?

Making a false document includes (a) altering a genuine document in any material part; (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 (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

When is forgery complete under the Criminal Code?

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.  A Forgery is also considered 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.

What is the possible punishment for forgery?

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

What is Uttering forged document under the Criminal Code?

Under Section 368. (1) Every one who, knowing that a document is forged, (a) uses, deals with or acts on it, or (b) causes or attempts to cause any person to use, deal with or act on it, as if the document were genuine, (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (d) is guilty of an offence punishable on summary conviction.