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Your Fraud Criminal Defence Lawyers in Toronto
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Fraud by definition under the Criminal Code of Canada Section 380 (1) is an offence which is comparable to theft; however it requires an element of deceit or a false representation such as attempting to defraud the public, or any person, of their property, money, or any valuable service.
Fraud charges can be split into two levels of varying severeness:
- Fraud Under $5000 which carries a maximum penalty of 2 years of prison time
- Fraud Over $5000 which carries a maximum penalty of 14 years of prison time
Fraud charges in Toronto and the GTA arise when someone is alleged to have deceived another person or organization for financial gain or to cause loss. Fraud can take many forms — from small‑scale allegations to complex schemes involving large sums of money, business transactions, credit cards, or online activity.
A fraud conviction carries serious consequences: jail time, fines, restitution, and a permanent criminal record. It can also impact employment, professional licences, financial reputation, and travel or immigration status.
Karzai Law has successfully defended numerous fraud cases across a wide range of scenarios, challenging weak evidence, procedural errors, and mistaken allegations to protect our clients’ rights and futures.
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What is Fraud in Canada?
Under the Criminal Code, fraud involves:
- Deception, falsehood, or dishonest conduct, and
- Causing loss to another person or obtaining a benefit for yourself or someone else through that deception
Fraud charges can involve:
- Cheques, credit cards, or identity misuse
- Online scams and e‑commerce fraud
- Fraudulent business or investment schemes
- Misrepresentation to insurers or government programs
- False invoices, accounts, or financial reporting
Fraud charges vary widely in severity, depending on the amount alleged, the method used, and the impact on victims.
Penalties for Fraud in Toronto
Fraud offences are often hybrid offences, meaning the Crown can choose to proceed by summary conviction (less serious) or indictment (more serious), depending on the facts and amount involved.
Possible penalties include:
- Summary conviction: fines and up to 2 years less a day in jail
- Indictable offence: up to 14 years’ imprisonment
The higher the alleged amount and complexity, the more serious the potential consequences.
Criminal Code: Fraud
Fraud
- 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
- (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
- (b) is guilty
- (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
How We Defend Fraud Charges in Toronto
Fraud cases require careful analysis of evidence and procedure. A strong defence often focuses on:
- Whether there was intent to deceive, not just a mistake
- Whether the Crown can prove dishonesty beyond a reasonable doubt
- Whether police conducted lawful search and seizure
- Whether evidence is reliable, complete, and properly obtained
In many fraud matters, the outcome hinges on the strength of the evidence and legal interpretation, not just the allegation itself.
FAQS About Fraud Charges
To obtain a conviction for criminal harassment, the Crown must establish several key elements beyond a reasonable doubt. First, the prosecution must show that the accused engaged in conduct prohibited by the Criminal Code. This may include persistent following, repeated contact (direct or indirect), monitoring or lingering near places connected to the complainant, or behaviour that is threatening in nature toward the complainant or someone close to them.
Beyond the conduct itself, the Crown must demonstrate that the complainant experienced the behaviour as harassing. It must also be proven that the accused was aware the conduct was unwelcome, or was reckless or deliberately indifferent to how it was affecting the complainant.
In addition, the prosecution must establish that the behaviour caused the complainant to fear for their personal safety or the safety of someone they know. Finally, that fear must be shown to be objectively reasonable when all of the surrounding circumstances are taken into account.
Fraud charges often take a lot of time and resources on the prosecutors' behalf to prove in court. In some cases, if the money or property is returned the charges can be reduced or even completely dropped.
Most fraud cases involve financial loss or gain, but the core issue is dishonest deception, not just money.
No. Penalties vary based on the amount involved, the Crown’s election, and the strength of the evidence.
Yes. Many cases resolve through negotiation, Charter challenges, or demonstrating lack of intent.
Yes. A conviction can harm professional licences, employment prospects, and travel or immigration status.
