Episode F1

Episode F1 — The Canadian Fraud Framework: From the Criminal Code to the Courts

45 min · Jan 14, 2023
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Episode F1 — The Canadian Fraud Framework: From the Criminal Code to the Courts
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Episode Summary

This episode introduces the basic structure of fraud in Canadian criminal law. It explains how the Criminal Code offence of fraud is built around conduct involving deceit, falsehood, or other fraudulent means, combined with deprivation or risk of deprivation to a person, the public, or another economic interest. Section 380 of the Criminal Code is the central statutory offence. The episode also explains why fraud law cannot be understood from the Criminal Code alone — the courts have shaped the practical meaning of dishonesty, deprivation, risk of loss, and the accused's mental state through major Supreme Court of Canada decisions.

What You'll Learn

  • How s. 380 defines the offence of fraud
  • Why dishonesty + deprivation is the core framework
  • How risk of deprivation fits alongside actual loss
  • Why investigators must read the Code together with the leading cases

Key Investigator Takeaways

  • Fraud = dishonest conduct + deprivation (or risk) + subjective knowledge
  • Look beyond the wording of s. 380 — the courts define key terms
  • Build the conduct case and the deprivation case in parallel

Cases Discussed

Visual Mind Map

Fraud
s. 380 Criminal Code
Deceit
Express misrepresentation
Falsehood
Known-untrue statements
Other fraudulent means
Reckless / trust-breaching conduct
Dishonest conduct
Departure from honest standards
Deprivation
Actual loss to victims
Risk of deprivation
Exposure to economic loss
Accused's knowledge
Subjective awareness
Victim loss
Documenting impact
Economic prejudice
Harm to protected interests
Leading cases
Olan, Théroux, Zlatic, Riesberry
Investigator lessons
Conduct case + deprivation case
Open full map →

Transcript

Show transcript

Welcome to Episode F1. We start with the structure of the fraud offence under s. 380 and how the Supreme Court of Canada has shaped its modern meaning…

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