Most people think of forgery as copying a signature, but it is much more involved and covers a wide range of actions. If you have been charged with forgery or you are simply gathering information, you may be wondering how serious a crime it is and what is the maximum penalty for forgery in Canada.
In this blog, we will discuss what forgery is under the Criminal Code of Canada, how it is prosecuted, what the penalties are, and how a criminal lawyer can help you if you are accused of this offence.
What is Forgery in Canadian Law?
Forgery is covered in Section 366 of the Criminal Code of Canada. It is defined as making a false document or altering an authentic document with the intent to deceive or defraud. The document does not have to be used for that purpose: making it is enough for a charge of forgery.
Some examples of commonly forged documents are contracts, cheques, wills, medical notes, passports, and other forms of official identification.
What Is the Maximum Penalty for Forgery in Canada?
The maximum penalty for forgery in Canada depends on how the crime is prosecuted. Forgery is a hybrid offence in Canada and can be prosecuted summarily or by indictment, depending on what the Crown prosecutor decides.
Summary convictions are less serious and carry a penalty of up to 2 years less a day, fines, or probation; the maximum penalty when forgery is charged by indictment is up to 10 years.
Related Offenses to Forgery
In a forgery case, the Crown may also choose to add other charges, such as:
- Uttering a forged document, which involves presenting a forged document as authentic.
- Possession of forgery instruments such as counterfeit printing machines, blank or stolen cheques, forged security holograms or watermarks, and special inks or paper used to make facsimiles of official forms.
- Fraud or identity theft could also apply, depending on the situation.
These charges can increase the penalties; when asking, “What is the maximum penalty for forgery in Canada?” you must also consider these charges and the penalties that apply.
Factors That Affect Penalties
If you are researching what is the maximum penalty for forgery in Canada, the answer partly depends on the factors a judge might take into account, including:
- The severity of fraud or deception.
- Ex: Forging a single letter of reference to improve job prospects versus creating and using forged financial documents to secure large loans.
- The purpose of the forgery.
- Ex: Altering a document to avoid minor late fees or penalties versus forging documents to falsely accuse someone else or damage their reputation.
- Whether the forgery was part of a broader scheme or criminal enterprise.
- Ex: Faking a note from a doctor versus operating an international forgery ring to make fake IDs.
- Impact on victims.
- Ex: The document was not used and caused no harm versus victims suffering serious financial harm or identity theft.
Whether this is your first offence, or you have been convicted of a crime in the past.
Examples of Forgery Cases in Canada
When you are asking what is the maximum penalty for forgery in Canada, a few example cases can be illuminating.
R. v. Drummond, 20171
In this case, James Timothy Drummond, 70, pleaded guilty to two counts of forgery. In October 2014, he signed two Agreements of Purchase and Sale for real estate using a false name. He failed to provide the required deposits, making the agreements non-binding. He did not profit from these actions, and the sellers did not suffer financial loss. He had a prior criminal record for fraud in 1996-97 and 2013, so the court imposed a three-month sentence for each count, to be served concurrently.
R. v. Okubadejo, 20082
The accused, Koye Jide Okubadejo, was convicted of multiple offences related to forgery and credit card fraud, including possession of machinery to commit forgery, possession of three forged credit cards, and possession of credit card data. Even though there was no evidence of actual financial loss, Okubadejo was sentenced to 42 months in prison.
Norval Morrisseau Art Forgery Ring3
This highly publicized case involved a massive art forgery operation that produced and sold thousands of fake paintings, which they claimed were by Indigenous artist Norval Morrisseau. Morrisseau’s signature was forged on the paintings themselves, and the documents supporting the paintings’ authenticity were also forged. The estimated loss to the Morrisseau estate was close to $100 million, and the damage to Morriseau’s legacy is incalculable. It is believed that many of these fake paintings remain in purchasers’ collections and could still be passed off as authentic. In 2024, the ringleader, David Voss, pleaded guilty to forgery and was sentenced to five years in prison.
These cases illustrate the things you should consider when looking into what is the maximum punishment for forgery in Canada.
What Is the Maximum Penalty for Forgery in Canada?
Forgery is considered a serious crime in Canada. The penalties depend on how the offence is prosecuted, whether you have previous convictions and the degree of harm caused by the forgery.
How a Criminal Defence Lawyer Can Help
Given the potential for fines, restitution orders, and jail time, having a good lawyer in your corner is the best approach. A criminal lawyer will challenge the evidence against you, collect additional evidence that supports your innocence or helps reduce the charges, and argue for leniency in sentencing if you are convicted.
Hiring a lawyer early in the process is critical; it prevents you from damaging your own case and gives your legal team more time to properly build your defence.
Wondering what is the maximum penalty for forgery in Canada? The team at Zamani Law, led by esteemed Toronto lawyer Farid Zamani, can explain how these cases are charged and prosecuted and will defend you from the time of your arrest to your trial and beyond.
Contact Zamani Law today for a free consultation.
References
- R. v. Drummond, 2017 https://www.canlii.org/en/nl/nlsctd/doc/2017/2017canlii81318/2017canlii81318.html#citing
- R. v. Okubadejo, 2008 https://www.canlii.org/en/on/onsc/doc/2008/2008canlii70041/2008canlii70041.html
- Norval Morrisseau Art Forgery Ring https://www.theartnewspaper.com/2024/09/08/norval-morrisseau-forgery-ring-leader-sentenced-canada
