What the Law Says About ... Financial Abuse
In Canada, some abusive actions are defined as crimes. Criminal offences are stated in the Criminal Code of Canada and apply in any province. The Criminal Code of Canada describes the different offences that someone can be charged with if they are accused of abusive actions toward older adults.
It is important to remember that whenever a person is charged with a criminal offence he or she is innocent until proven guilty. The lawyers who prosecute offenders have to prove he or she committed an offence beyond a reasonable doubt. In order to prove an offence has been committed, they need evidence. If you have been abused, consider keeping a record of the times when you are abused or when you get medical treatment. This record may be useful as evidence.
The criminal offences listed below cover
most financial or material abusive action inflicted on older
adults.
Theft Theft by a person holding a Power of Attorney Theft of money held under direction False messages Fraud Using mail to defraud Stealing and using credit card Forgery Uttering a forged document Drawing document without authority Obtaining anything by an instrument based
upon a forged document Robbery Extortion Offences under Alberta Personal Directives Act
- When a person fraudulently takes or uses property of another with the intent to deprive the other person of the property temporarily or permanently, to pledge the property or deposit it as security, to part with it under a condition as to its return that the true owner may not be able to fulfill the condition, to use it in such a way that it cannot be returned to the condition it was in when it was taken or used.
- Even if an item is taken without secrecy, it may still be classified as fraudulent.
- The offence is counted as being committed when someone has the intent to steal an item and then moves it or causes it to be moved.
- Theft of a bank credit is included within the definition of theft.
Theft by a person holding a Power
of Attorney
- A person commits theft where they have been granted a Power
of Attorney to sell, mortgage, pledge or otherwise dispose of
property and they carry out this duty fraudulently.
For fraudulent conduct to be present, there must be an intention to deceive, and actual or possible loss.
- The offence also includes the conduct of fraudulently using the proceeds of any sale, mortgage, pledge or other disposition for a purpose other than a purpose granted by the Power of Attorney.
Theft of money held under direction
- Where a person receives money, valuable security, or a Power of Attorney for the sale of property with a direction that the money, proceeds or property be used in a specific way and the person fraudulently applies the proceeds, money or property in a way contrary to the direction.
- If the person receiving the money, proceeds, or property is a creditor of the person disposing of the items, the offence is only committed when the direction is in writing.
- Evidence of a direction has to be more than just an expectation that something would happen. Express instructions given to an accused will constitute a direction.
- Where a person intends to injure or alarm another by sending or causing to be sent false information by letter, telegram, telephone, cable, radio, or otherwise.
- Also included are the actions of making indecent phone calls with the intent to alarm or annoy another, and making repeated phone calls without lawful excuse with the intention of harassing another.
- Where a person uses deceit, lying, or other fraudulent means to defraud the public or any individual of property, money, or valuable security.
- Where a person uses the mail to send letters or circulars that contain schemes which are intended to deceive or defraud the public, or are for the purpose of obtaining money by false pretences.
- A false pretence is where a person knowingly represents an untrue fact in some way in order to make another person act on the fact.
An exaggeration about something is not a false pretence unless it is carried to such an extreme that it amounts to a fraudulent representation of fact.
Stealing and using credit card
- Where a person steals or forges a credit card.
- Also includes using a credit card that the user knows was obtained by an offence being committed in Canada or by an act that would be an offence in Canada.
- Using a credit card that the user knows has been revoked or cancelled.
- Where a person makes a false document, knowing that it is false, intending that it should be treated and acted upon as genuine to someone else’s prejudice, or that the document will induce someone to do or not to do something.
- Making a false document includes altering, adding to, erasing, or removing anything material in a document.
- The offence is completed as soon as the document is made and the maker intends to use it, whether or not the forger intends a specific person to act on the document.
- The offence is also completed even if the document is incomplete or has no legal effect, as long as it can be shown that the document was intended to be treated as genuine.
- The offence of forgery includes the situation where the signature of a payee is endorsed on a cheque by someone other than the payee. It is no defence that the payor has approved a person other than the payee to endorse the cheque.
- The offence of using, dealing with, or acting upon a forged document, knowing that it is forged.
- The offence of making or trying to make someone else use, deal with, or act upon a document, knowing that it is forged.
Drawing document without authority
- Where a person intends to defraud and without lawful authority makes, executes, draws, signs, accepts, or endorses a document in the name or on the account of another.
- Where a person uses or utters a document knowing that it has been made, executed, signed, accepted, or endorsed with intent to defraud and without lawful authority.
Obtaining anything by an instrument
based upon a forged document
- Where a person demands, receives, or obtains anything, or causes anything to be delivered or paid on the basis of an instrument issued legally, but knowing that it was based upon a forged document.
- Stealing in circumstances where violence or threats are used to accomplish the theft.
- Stealing from a person where that person is wounded, beaten, struck, or is the victim of any other personal violence.
- Assaulting any person with intent to steal from him or her.
- Stealing from a person while armed with an offensive weapon or an imitation of one.
- Where a person induces or tries to induce another to do something or cause something to be done by using threats, accusations, menaces, or violence without any reasonable justification or excuse.
- The offence can also be committed by threatening, menacing, or using violence against a third person in order to induce another person to do something or cause something to be done.
Offences under the Alberta Personal Directives Act
It is an offence under the provincial Personal Directives Act to intentionally destroy, steal, hide, or alter a personal directive or a document that revokes a personal directive without the consent of the maker of the directive. The offence carries a fine of up to $10,000.
It is also an offence to require a person to make a personal
directive as a condition for obtaining residential accommodation
or for continuing to live in residential accommodation. The offence
carries a fine up to $10,000.
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Updated: November 3, 2003
© Legal Resource Centre of Alberta Ltd. 2002
