Canadian Criminal Law/Offences/Counterfeiting

LegislationEdit

Making
449. Every one who makes or begins to make counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 407.

...

Possession, etc., of counterfeit money
450. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a) buys, receives or offers to buy or receive,
(b) has in his custody or possession, or
(c) introduces into Canada,

counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 408.

...

Uttering, etc., counterfeit money
452. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a) utters or offers to utter counterfeit money or uses counterfeit money as if it were genuine, or
(b) exports, sends or takes counterfeit money out of Canada,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 410.

CCC

Proof of the OffenceEdit

In addition to the essential elements of time, location, and identity of the accused, the crown should prove the following:

MakingEdit

  1. the accused made or began to make counterfeit money
  2. the accused knew the money was counterfeit

PossessionEdit

  1. Either:
    1. buys, receives or offers to buy or receive counterfeit
    2. possesses counterfeit or
    3. brings counterfeit money into the country
  2. the accused knew the money was counterfeit

UtteringEdit

  1. Either:
    1. uses counterfeit as real money
    2. export, send, or take counterfeit out of the country
  2. the accused knew the money was counterfeit

InterpretationEdit

Section 448 defines "current" as "lawfully current in Canada or elsewhere by virtue of a law, proclamation or regulation in force in Canada or elsewhere as the case may be;"

Section 448 states that “utter” "includes sell, pay, tender and put off."

MakingEdit

Definitions
448. In this Part,

...

“counterfeit money” includes

(a) a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money,
(b) a forged bank-note or forged blank bank-note, whether complete or incomplete,
(c) a genuine coin or genuine paper money that is prepared or altered to resemble or pass for a current coin or current paper money of a higher denomination,
(d) a current coin from which the milling is removed by filing or cutting the edges and on which new milling is made to restore its appearance,
(e) a coin cased with gold, silver or nickel, as the case may be, that is intended to resemble or pass for a current gold, silver or nickel coin, and
(f) a coin or a piece of metal or mixed metals that is washed or coloured by any means with a wash or material capable of producing the appearance of gold, silver or nickel and that is intended to resemble or pass for a current gold, silver or nickel coin;

...

R.S., c. C-34, s. 406.

CCC

PossessionEdit

The Crown must prove that the accused had knowledge that the bill was counterfeit at the time it was in his possession.[1]

  1. R. v. Santeramo (1976), 32 C.C.C. (2d) 35 (Ont. C.A.), at p. 44 (Crown appeal dismissed)
    R. v. Caccamo, 1973 CanLII 46 (ON CA), [1973] 2 O.R. 367 (C.A.), at pp. 369-370 (aff’d (1975), 21 C.C.C. (2d) 257 (S.C.C.))
    R. v. Frenge 1993 CanLII 913 (BC CA), (1993), 86 C.C.C. (3d) 91 (B.C.C.A.), at pp. 95-6

DigestsEdit

  • R. v. Al Saidi, 2006 NBPC 20
  • R. v. Al Saidi, 2006 NBC 22
  • R. v. Bennett, [2005] N.J. No. 354 (N.L.S.C.-T.D.)
  • R. v. Yang, 2004 BCCA 24
  • R. v. Ennis, 2002 CanLII 12712 (ONSC), [2002] O.J. No. 4515 (Ont.S.C.Just.)
  • R. v. Mak, 2000 BCCA 418
  • R. v. Goodie, 2001 NSSC 82, [2001] N.S.J. No. 231 (N.S.S.C.)
  • R. v. Laird, 2000 BCPC 210
  • R. v. Hill, [1998] O.J. No. 6041 (Ont.Ct.Just.P.D.)
  • R. v. Freng 1993 CanLII 913 (BC CA), (1993), 86 CCC (3d) 91
  • R. v. S.G.J. , [1992] B.C.J. No. 2399 (B.C.C.A.)
  • R. v. Santeramo, [1976] O.J. No. 987 (Ont.S.C. and Ont.C.A.)
  • DeBlois v. R. (1974), 44 C.R. (Q.Ct.Q.B.-Appeals)
  • R. v. Caccamo and Caccamo (1973), 11 CCC (2d) 249 (Ont.C.A.)
  • R. v. Brown, [1861] O.J. No. 65 (Up.Can.Ct.Q.B.)

See AlsoEdit

Last modified on 13 November 2012, at 21:47