What is the maximum sentence for fraud in Canada?
Fraud over $5,000 under s.380 of the Criminal Code is an indictable offence with a maximum of 14 years imprisonment. Fraud of $5,000 or less is a hybrid offence with a maximum of two years. The value defrauded is the key factor in classifying the charge.
Is there a mandatory minimum for large-scale fraud?
Yes. Under s.380(1.1), where the total value of a fraud exceeds one million dollars, the court must impose a minimum sentence of two years in prison. This is one of the few mandatory minimums that applies to a property offence in Canada.
How does breach of trust affect a fraud sentence?
Committing fraud by abusing a position of trust or authority, such as an accountant, financial adviser, executor, or employee handling funds, is a statutory aggravating factor under s.380.1. It significantly increases the sentence and makes a custodial term far more likely.
Do fraud sentences require jail time?
Not always, but large or sophisticated frauds usually do. For smaller first-offence frauds, courts may impose a conditional sentence, probation, or a fine with restitution. Planned, deliberate fraud involving significant amounts or many victims routinely results in penitentiary sentences focused on deterrence.
Will I have to repay the money I defrauded?
Very likely. Courts strongly favour restitution or compensation orders in fraud cases, requiring you to repay the victims for their losses. A restitution order is enforceable as a civil judgment and is imposed in addition to, not instead of, any jail sentence or fine.