Financial crimes are some of the most complex offences prosecuted in Alberta courts. These cases often involve large amounts of evidence, complicated paper trails, and technical legal issues that can overwhelm anyone without proper legal representation.
Being charged with fraud can damage not only your reputation but also your career and personal relationships. For this reason, having skilled financial fraud lawyers on your side is critical when facing allegations in Edmonton or anywhere in Alberta.
In this blog, we will explore how financial fraud charges are defined under Canadian law, what the prosecution must prove, how Alberta courts typically handle these cases, and why a professional defence lawyer is vital.
We will also look at relevant statutes and case law to help you understand the seriousness of fraud-related offences and what to expect during the legal process.
Financial Fraud in Canadian Law
Fraud is defined under Section 380 of the Criminal Code of Canada. It occurs when someone, through deceit, falsehood, or fraudulent means, deprives another person or the public of property, money, valuable security, or service.
Importantly, the Crown does not have to prove that the accused actually obtained a benefit, only that they acted dishonestly and caused, or risked causing, a loss.
Canadian law recognizes two categories of fraud:
- Fraud under $5,000 (s. 380(1)(b) Criminal Code) – a hybrid offence that can proceed summarily or by indictment.
- Fraud over $5,000 (s. 380(1)(a) Criminal Code) – an indictable offence with a maximum penalty of 14 years imprisonment.
When fraud involves a breach of trust, particularly large amounts, or victims who are vulnerable, courts tend to treat the matter more severely. The Supreme Court of Canada in R. v. Olan [1978] 2 S.C.R. 1175 confirmed that fraud is not only about actual financial loss but also the risk of economic harm created by dishonest conduct.
How Alberta Courts Approach Financial Fraud Charges
Crown’s Burden Of Proof
The Crown must prove beyond a reasonable doubt that the accused:
- Used deceit, falsehood, or other fraudulent means; and
- That the conduct resulted in a loss, or posed a risk of loss, to the complainant.
This burden can involve thousands of documents, banking records, and digital evidence. Courts in Alberta often rely on expert witnesses, forensic accountants, and testimony from financial institutions to establish the case.
Sentencing Trends
In Alberta, sentencing for financial fraud has been guided by principles of deterrence and denunciation. Courts frequently emphasize the need to protect public confidence in the financial system. In Alberta, the Court of Appeal has stressed denunciation and general deterrence in serious frauds, frequently upholding custodial sentences; see R v Zenari, 2012 ABCA 279 and R v Hartz, 2002 ABCA 108.
Restitution Orders
Courts may also order restitution under s. 738 of the Criminal Code. Restitution requires the offender to repay victims directly. While this does not replace civil remedies, it is a powerful tool to ensure victims recover some of their losses and is frequently considered in Alberta sentencing decisions.
The Role Of Financial Fraud Lawyers in Defence Strategy
Challenging The Evidence
Fraud cases often involve vast amounts of financial documentation. Skilled financial fraud lawyers carefully review whether evidence was lawfully obtained and whether it demonstrates actual dishonest intent.
For example, an error in accounting or mismanagement of funds may not meet the threshold for fraud if there was no deliberate deceit.
Negotiating With The Crown
Because fraud cases are resource-intensive, defence lawyers may negotiate resolutions, such as reduced charges or alternative sentencing. In some cases, demonstrating an accused’s willingness to make restitution can influence how the Crown proceeds.
Protecting Charter Rights
Defence lawyers also examine whether the accused’s Charter rights were breached during the investigation. Unlawful search and seizure under s. 8 of the Charter can result in evidence being excluded, significantly weakening the Crown’s case.
The Impact Of Financial Fraud Charges
Being charged with fraud is not only a legal matter; it has lasting social and professional consequences. Accused individuals often face reputational damage, loss of employment, and restrictions on travel or future business opportunities.
Alberta courts consider these collateral consequences when determining fair sentences, but the presence of an experienced defence lawyer is often the difference between a prison sentence and alternatives such as conditional sentences or probation.
Why You Should Consult A Financial Fraud Lawyer In Edmonton
Fraud cases are unlike most criminal prosecutions because of their complexity. They demand detailed knowledge of criminal law, evidence, and financial systems. Edmonton residents accused of fraud should not navigate the process alone. By retaining professional financial fraud lawyers, individuals can ensure their rights are protected, evidence is challenged, and every possible defence is explored.
About Us
At Daryl Royer Criminal Defence, we provide trusted representation for individuals facing serious criminal charges in Edmonton and across Alberta. With extensive courtroom experience and a focus on defending complex cases such as fraud, assault, and sexual offences, Daryl Royer delivers skilled, strategic defence tailored to each client’s unique situation.
If you or someone you know has been charged with fraud, contact us today to discuss your case with an experienced defence lawyer.