Canadian Criminal Law/Offences/Breach of Public Trust
Breach of trust by public officer
122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.
R.S., c. C-34, s. 111.
Elements of Offence
The Crown should prove the following:
- The accused is an official;
- The accused was acting in connection with the duties of his or her office;
- The accused breached the standard of responsibility and conduct demanded of him or her by the nature of the office;
- The conduct of the accused represented a serious and marked departure from the standards expected of an individual in the accused’s position of public trust; and
- The accused acted with the intention to use his or her public office for a purpose other than the public good, for example, for a dishonest, partial, corrupt, or oppressive purpose.
- R v Boulanger 2006 SCC 32 at para. 58