Episode F11 — R. v. Stewart: Confidential Information, Theft, and Fraud
Episode Summary
This episode explains R. v. Stewart, the Supreme Court of Canada decision on whether confidential information can be the subject of theft or fraud. The Court held that pure confidential information, on its own, is not 'property' that can be stolen under the theft provisions, but dishonest conduct involving confidential information may still ground a fraud charge where it causes deprivation or risk of deprivation to an economic interest. The episode walks through the facts, the reasoning, and the practical impact for fraud investigators handling files involving customer lists, trade secrets, internal records, and other confidential business information.
What You'll Learn
- • Why confidential information alone is not 'property' for theft
- • How fraud can still capture dishonest misuse of confidential information
- • How deprivation or risk applies to information-based fraud files
Key Investigator Takeaways
- • Charge fraud, not theft, when confidential information is dishonestly used
- • Identify the economic interest exposed by the misuse
- • Preserve documents, access logs, and communications showing the misuse
Cases Discussed
Visual Mind Map
Transcript
Show transcript
Episode F11 walks through R. v. Stewart and what it means for fraud cases involving confidential information…