Simply put, fraud is the crime of stealing by deception. In Canada, fraud is prohibited by section 380 of the Criminal Code. For prosecutors to prove that fraud has occurred, they must show the following elements beyond a reasonable doubt:
- You either:
- Lied; or
- Deceived someone; or
- Used other fraudulent means and;
- You deprived someone of their money, property, security, or service.
Section 380 of the Code also separates the crime of fraud into two separate branches: fraud under $5000 and fraud over $5000. Frauds under $5000 are always prosecuted in a provincial court (e.g. the Ontario Court of Justice), while frauds over $5000 can be prosecuted in either a provincial court or a superior court.