These, and others, can all be found in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.
To prove someone guilty of Breach of Trust, the Crown must prove that: (a) the defendant was a trustee of something, (b) the defendant converted the thing to an unauthorized use, and (c) the defendant intended to defraud the complainant. A “trustee” is defined as a person who holds property (money) for someone else usually under a legal obligation, to administer that property for the benefit of another. To “convert” means to direct the thing to some use or in some way that is not permitted.
There are numerous ways to defend against Fraud related charges and I have successfully defended people against them many times – please refer to my Recent Successes page. The consequences to receiving a conviction for any fraud related offence are severe and can include a lengthy term of imprisonment.
Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a consultation to discuss your case, please call me at (416) 658-5855.
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