Sometimes. Canadian courts draw a line between civil wrongs, which include breach of contract, unpaid debts, failed investments, commercial disputes and criminal fraud. Criminal fraud requires proof that you used deceit, falsehood, or other fraudulent means and that you knew your conduct could cause economic deprivation. A bad business deal, poor advice, or an inability to repay money is not fraud. But the line can be blurry, and police sometimes lay charges on conduct that is really a civil matter. Defending these files often means showing the court there was no subjective knowledge of deceit.

It depends on the dollar amount, the nature of the conduct, and any breach-of-trust element. For low-value retail frauds and simple employee thefts under $5,000 involving a first-time offender, a conditional or absolute discharge, a suspended sentence, or a conditional sentence order (house arrest) is often achievable. For mid-range frauds ($10,000 – $100,000) involving breach of trust, BC courts frequently impose jail sentences. For large-dollar commercial frauds, particularly those involving multiple victims or sophisticated planning, meaningful custodial sentences are the norm under the s. 380.1 aggravating-factors framework.

A Canadian fraud conviction is treated by U.S. Customs and Border Protection as a crime involving moral turpitude, which triggers inadmissibility under U.S. immigration law. You may be turned away at the border even for minor retail fraud. Options include applying for a U.S. Entry Waiver (I-192), which is discretionary and must be renewed periodically. A Canadian record suspension (pardon) does not fix the problem, as the U.S. does not recognize Canadian record suspensions and you will still be subject to secondary inspection. This is one of the strongest reasons to fight a fraud charge before conviction rather than plead it out casually.

Say nothing beyond confirming your identity and call a criminal defence lawyer immediately. Under s. 7 of the Charter of Rights and Freedoms you have the right to silence, and under s. 10(b) you have the right to counsel. Fraud investigators are trained to get statements before charges are laid so once you talk, you cannot take it back. This is true whether the investigator is from the Vancouver Police, the RCMP Federal Serious and Organized Crime Unit, the Canada Revenue Agency, or a financial regulator like the BC Securities Commission.

Longer than almost any other criminal file. Disclosure in a fraud prosecution can run to tens of thousands of pages of bank records, emails, and accounting documents, and the Crown often takes months to assemble it. A provincial-court fraud case typically takes 12 to 18 months from charge to trial, and complex Supreme Court fraud files can take two to three years. The flipside is that fraud cases are particularly vulnerable to applications under s. 11(b) of the Charter for unreasonable delay.

Not automatically, but restitution significantly changes the landscape. In appropriate cases, early restitution can support a Crown decision to offer alternative measures, which is a diversion program that results in the charge being withdrawn, a stay of proceedings, or a reduced sentencing position. We often recommend clients preserve the ability to make restitution quickly while we negotiate. Restitution matters most for first-time offenders and for frauds involving a single identifiable victim.

Breach of trust offences under s. 336 (criminal breach of trust by a trustee), s. 122 (breach by public officer), or as an aggravating factor on a fraud charge, arise where the accused abused a fiduciary or quasi-fiduciary position. Classic examples include employees who steal from employers, lawyers who misuse trust funds, accountants who defraud clients, and officials who misuse public money. BC courts treat breach of trust as one of the most aggravating features on sentence, often imposing custodial sentences where the same fraud without the trust element would attract a conditional sentence.

Yes, and they often do. The Law Society of BC, CPA BC, the Insurance Council of BC, the Real Estate Council of BC, and the BC Securities Commission all have independent investigative and disciplinary powers. A criminal acquittal does not prevent regulatory action, and a regulatory finding does not prevent a criminal prosecution. We coordinate with regulatory counsel where appropriate so that admissions in one forum do not sink the other. If you hold a professional licence, flag that concern early.

Fraud is not an offence eligible for expungement under the Expungement of Historically Unjust Convictions Act. After completion of sentence, fraud convictions are eligible for a record suspension (pardon) under the Criminal Records Act after 5 years for summary convictions and 10 years for indictable convictions, assuming no new offences during the waiting period. Non-conviction dispositions (stays of proceedings, withdrawn charges, acquittals, absolute and conditional discharges) can be dealt with through file destruction applications to the RCMP and local police.