Canadian Criminal Law/Offences/Fraudulently Obtaining Food

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Legislation[edit | edit source]

Fraudulently obtaining food, beverage or accommodation
364. (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.
(2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and

(a) made a false or fictitious show or pretence of having baggage,
(b) had any false or pretended baggage,
(c) surreptitiously removed or attempted to remove his baggage or any material part of it,
(d) absconded or surreptitiously left the premises,
(e) knowingly made a false statement to obtain credit or time for payment, or
(f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

is, in the absence of any evidence to the contrary, proof of fraud.
Definition of “cheque”
(3) In this section, “cheque” includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.
R.S., 1985, c. C-46, s. 364; 1994, c. 44, s. 23.


Proof of the Offence[edit | edit source]

Interpretation[edit | edit source]