Shoplifting, thefts, robbery, white collar crimes, and other financial frauds depriving other people of their financial rights and property are dealt with in the Criminal Code Of Conduct sections 333 to 380.
Theft is the taking of property without the owner’s consent with the intent to deprive the owner temporarily or absolutely of their interests, and possession of that property. Theft is an act, with a combined intent.
An excellent example of an accusation of theft would be a person who “kites” a cheque. They deposit a cheque into a bank with no money currently available to pay for the cheque. The accusation would, however, not be successful where an accused could show that they lacked intent to deprive and intended on making the cheque “good” immediately, and had done this before without a problem. The accused would be not guilty because although they committed the act they lacked intent.
You can come out of the situation cleaner by resting your case with the help of a qualified and experienced theft defence lawyer.
Fraud includes elements of theft, and fraud is considered a specific intent offence. Fraud is an act of deceit, falsehood, or false pretence to secure an unlawful gain or to deprive a person, entity, or the public of property, money, or value whether ascertained or not.
The purpose of fraud may not be monetary gain. There could be other benefits. In Alberta cases of fraud have involved significant financial crimes. Such frauds have involved mortgages and qualifying for a mortgage by way of a false statement.
Theft and fraud can be relatively minor (Shoplifting for example, or “kiting” a cheque) but can also be quite complex involving complex legal issues and uncertain culpability, and consequences.
In Canada, there is an adversarial system where an accused is prosecuted by the state. Choosing a highly-skilled, and competent fraud and theft defence lawyer is very important. Mr. Royer has significant success, and experience handling major cases involving high complexity fraud cases, including by government employees, and highly placed staff frauds, as well as less complicated cases involving accusations of theft.