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Canadian Case Law

Leading Canadian decisions that shape criminal law.

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· Supreme Court of Canada · 1993

Elements of fraud — dishonest act and subjective knowledge

Set out the modern two-element test for fraud: dishonest act + deprivation, with subjective knowledge of both.

[1978] 2 SCR 1175

· Supreme Court of Canada · 1978

Whether risk of economic loss satisfies the deprivation element

Risk of economic loss is sufficient — actual loss is not required.

[1993] 2 SCR 29

· Supreme Court of Canada · 1993

Whether reckless conduct can amount to 'other fraudulent means'

Reckless, dishonest business conduct can constitute fraud, even without active deceit.

· Supreme Court of Canada · 2015

Causation and risk of deprivation in fraud

Fraud is made out where dishonest conduct puts the victim's economic interests at risk, even if no individual victim relied on the deceit.

Cox & Paton v The Queen

· Supreme Court of Canada · 1963

Early principles of fraud and conspiracy involving a common dishonest plan

Recognized that fraud and conspiracy to defraud can be made out through an agreement or course of dishonest conduct affecting property and economic interests, not only through isolated false statements.

· Supreme Court of Canada · 2014

Privacy in subscriber information

Subscriber information attracts a reasonable expectation of privacy.

1993 CanLII 82 (SCC)

· Supreme Court of Canada · 1993

SCC treatment of deprivation issues

Applied Canadian fraud principles to scc treatment of deprivation issues.

Libman v The Queen

1985 CanLII 51 (SCC)

· Supreme Court of Canada · 1985

Real and substantial connection for jurisdiction

Applied Canadian fraud principles to real and substantial connection for jurisdiction.

The Queen v Lemire

1964 CanLII 52 (SCC)

· Supreme Court of Canada · 1964

Direction from a superior and fraud responsibility

Applied Canadian fraud principles to direction from a superior and fraud responsibility.