Forgery
Forgery is the offence under section 366 of the Criminal Code of making a false document knowing it is false, with the intent that it should be used or acted on as genuine to the prejudice of another person. The offence is hybrid: summary maximum is 2 years less a day; indictable maximum is 10 years. Forgery is closely related to — but distinct from — uttering a forged document under section 368.
Mass Tsang's criminal lawyers handle forgery, uttering, and related document-fraud charges across the GTA.
Elements
The Crown must prove: (1) the accused made a false document; (2) the accused knew the document was false; and (3) the accused intended the document to be used as genuine. "Making" includes creating, altering, signing, or otherwise producing the document. The document need not have been used or even shown to anyone — the offence is complete once the document is made with the requisite intent.
What is a "document"
Section 321 defines "document" broadly: any paper, parchment, or other material on which information is written, printed, or otherwise visually recorded. The definition captures cheques, contracts, identification documents, official records, certificates, prescription forms, transcripts, wills, and many other categories. Digital documents are not directly covered by traditional forgery provisions but may be captured by related offences (identity theft, fraud).
Forgery vs. uttering
Forgery is the making of the false document; uttering under section 368 is the use of it — dealing with it as if it were genuine. The two offences often go together but are independent: a person who makes a forged document and never uses it has still committed forgery; a person who passes a forged document made by another has committed uttering (and possibly fraud).
Common scenarios
Forgery and uttering frequently arise in: cheque schemes; falsified identification documents (driver's licences, passports); fraudulent prescriptions for controlled substances; falsified academic transcripts; altered contracts; forged signatures on legal documents; and benefits and government-program fraud. Many cases combine forgery with charges of fraud, identity theft, or possession of property obtained by crime.
Defences
Defences include: lack of intent that the document be used as genuine; lack of knowledge that the document was false (a person who signs a document believing it to be authentic is not committing forgery); colour of right (a genuine belief in entitlement); identification challenges; and Charter issues with the investigation. Document examination is sometimes contested by competing experts.
Related glossary terms
