Canadian Criminal Law/Offences/Counterfeiting

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The Legal laws on Counterfeit Bills and Notes has currently been amended by The Canadian and US Government and new laws and regulations are too come as by permission from the queen and THE Banks of USA and Canada have yet too fine a person with indictable charges laid upon the person there within. The fines of having or spending Currency that is Not Genuine are unkempt and not due by imprisonment for lawful exchange or inclusion.

The Canadian government has no laws regulating impersonable counterfeit bills and the making of a currency is a part of normal democracy only where as it is Religious and or to be produced as a suppliment not for human trafficking, impermissable drugs, alcoholic beverages and as well with cheques from certain institutions and such other permissable exchanges. The US of government currency is still more proper when it comes too banking with largely known institutions or Banks by democratic usual terms or by permission by the President, the Bank and currency federal reserve note centres and as well by the Borders of all countries. To be caught in order too exchange or take the bills into possession in other countys or countries is highly illegal and indictable of an offence confined to a jail term not exceeding 1 full year to date.

Proof of the Offence[edit]

In addition to the essential elements of time, location, and identity of the accused, the crown should prove the following:

Making[edit]

  1. the accused made or began to make counterfeit money
  2. the accused knew the money was counterfeit

Possession[edit]

  1. Either:
    1. buys, receives or offers to buy or receive counterfeit
    2. possesses counterfeit or
    3. brings counterfeit money into the country
  2. the accused knew the money was counterfeit

Uttering[edit]

  1. Either:
    1. uses counterfeit as real money
    2. export, send, or take counterfeit out of the country
  2. the accused knew the money was counterfeit

Interpretation[edit]

Section 448 defines "current" as "lawfully current in Canada or elsewhere by virtue of a law, proclamation or regulation in force in Canada or elsewhere as the case may be;"

Section 448 states that “utter” "includes sell, pay, tender and put off."

Making[edit]

Definitions
448. In this Part,

...

“counterfeit money” includes

(a) a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money,
(b) a forged bank-note or forged blank bank-note, whether complete or incomplete,
(c) a genuine coin or genuine paper money that is prepared or altered to resemble or pass for a current coin or current paper money of a higher denomination,
(d) a current coin from which the milling is removed by filing or cutting the edges and on which new milling is made to restore its appearance,
(e) a coin cased with gold, silver or nickel, as the case may be, that is intended to resemble or pass for a current gold, silver or nickel coin, and
(f) a coin or a piece of metal or mixed metals that is washed or coloured by any means with a wash or material capable of producing the appearance of gold, silver or nickel and that is intended to resemble or pass for a current gold, silver or nickel coin;

...

R.S., c. C-34, s. 406.

CCC

Possession[edit]

The Crown must prove that the accused had knowledge that the bill was counterfeit at the time it was in his possession.[1]

  1. R. v. Santeramo (1976), 32 C.C.C. (2d) 35 (Ont. C.A.), at p. 44 (Crown appeal dismissed)
    R. v. Caccamo, 1973 CanLII 46 (ON CA), [1973] 2 O.R. 367 (C.A.), at pp. 369-370 (aff’d (1975), 21 C.C.C. (2d) 257 (S.C.C.))
    R. v. Frenge 1993 CanLII 913 (BC CA), (1993), 86 C.C.C. (3d) 91 (B.C.C.A.), at pp. 95-6

Digests[edit]

  • R. v. Al Saidi, 2006 NBPC 20
  • R. v. Al Saidi, 2006 NBC 22
  • R. v. Bennett, [2005] N.J. No. 354 (N.L.S.C.-T.D.)
  • R. v. Yang, 2004 BCCA 24
  • R. v. Ennis, 2002 CanLII 12712 (ONSC), [2002] O.J. No. 4515 (Ont.S.C.Just.)
  • R. v. Mak, 2000 BCCA 418
  • R. v. Goodie, 2001 NSSC 82, [2001] N.S.J. No. 231 (N.S.S.C.)
  • R. v. Laird, 2000 BCPC 210
  • R. v. Hill, [1998] O.J. No. 6041 (Ont.Ct.Just.P.D.)
  • R. v. Freng 1993 CanLII 913 (BC CA), (1993), 86 CCC (3d) 91
  • R. v. S.G.J. , [1992] B.C.J. No. 2399 (B.C.C.A.)
  • R. v. Santeramo, [1976] O.J. No. 987 (Ont.S.C. and Ont.C.A.)
  • DeBlois v. R. (1974), 44 C.R. (Q.Ct.Q.B.-Appeals)
  • R. v. Caccamo and Caccamo (1973), 11 CCC (2d) 249 (Ont.C.A.)
  • R. v. Brown, [1861] O.J. No. 65 (Up.Can.Ct.Q.B.)

See Also[edit]