Episode F12 — R. v. Boulanger: Breach of Trust by a Public Officer
Episode Summary
This episode explains R. v. Boulanger, the leading Supreme Court of Canada decision on breach of trust by a public officer under s. 122 of the Criminal Code. The Court set out a five-part test that requires conduct by a public officer in connection with the duties of office that represents a serious and marked departure from the responsibilities of office, done with the intention to use the office for a purpose other than the public good. The episode connects Boulanger to fraud investigations involving public servants, elected officials, and others holding public trust, and explains how breach of trust and fraud can be charged together or in the alternative.
What You'll Learn
- • The five-part Boulanger test for criminal breach of trust
- • How breach of trust interacts with s. 380 fraud
- • Why a serious and marked departure is required, not mere error
Key Investigator Takeaways
- • Identify the public office and the specific duty
- • Document the departure from duty and the purpose behind the conduct
- • Consider charging breach of trust alongside fraud where evidence supports both
Cases Discussed
Visual Mind Map
Transcript
Show transcript
Episode F12 walks through R. v. Boulanger and the test for criminal breach of trust by a public officer…