Fraud Under $5000 Charges in Canada

We defend fraud charges under Section 380(1)(b) of the Criminal Code to help our clients avoid jail, a criminal record and immigration/travel problems.

The majority of the fraud charges we see are from those charged with fraud under $5000 which is codified in Section 380 (1)(b) of the Criminal Code of Canada which reads:

380 (1) Everyone who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

        (b) is guilty

            (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

            (i) of an offence punishable on summary conviction,                  

where the value of the subject-matter of the offence does not exceed five thousand dollars.

It should be noted that the maximum punishment for fraud under $5000 if proceeded by summary conviction is 6 months in jail.

Most fraud under cases tend to fall under two categories:

1. Fraud related to the workplace where the police criminally charge the accused by giving them a Form 9 Appearance Notice or Form 10 Undertaking after they have been fired from their job (possibly in the security/loss prevention office), and


2. Fraud related to shoplifting related offences most commonly switching price tags, improperly using the self-checkout machine, and fraudulent item returns or gift card usage.

In both circumstances, the accused faces many potential consequences including a jail sentence of up to 2 years, a criminal record, being deported from Canada and having IRCC immigration applications denied. They also may be refused entry when trying to travel to other countries such as the USA in the future.

Fraud is considered a crime of moral turpitude/dishonesty. It requires a certain degree of premeditation to think about and act on a method of obtaining something through trickery or deception. Those who are labelled by society with a criminal record of having a history of fraud will always be looked upon with scepticism by their communities, employers, family members, and law enforcement agencies (CBSA, US Customs, etc.) in the future.

As such, it is in the accused’s best interest to hire a lawyer to defend the charges while they still can (as soon as possible).

Anyone who receives a fingerprint date and a court date for a fraud under or over $5000 related offence should contact a criminal lawyer immediately.

If the police decide to charge someone they will normally give them a Form 9 Appearance Notice or a Form 10 Undertaking. This paperwork may be provided at the scene, in the police car, or at the police station. Some individuals will be held for bail and if released will receive a Form 11 Release Order with a court date.

Since fraud under $5000 is normally a non violent offence, most people will be released on a Form 9 or 10. The release may occur at the store in retail cases (Home Depot, Loblaws, Superstore, Wal-Mart, Costco, etc.) whether customer/shoplifting related or from the employer, at the person’s home or doorstep, in the back of a police car, or at the police station.

Regardless of the method of release from custody, anyone who receives a Form 9, 10, or 11 with a court date is being charged by the police and the outcome of their case will be determined by the criminal court system. The store or employer is no longer in a position to drop the charges, nor are the police, from now on the Crown Attorney and the Judge/Jury are the only decision makers in your case.

Even if you admitted to the crime (to the LP officers, the police, management, etc) this does not mean your case is unwinnable or that you will go to jail and get a criminal record.

We represent those charged with fraud under and over $5000 related offences throughout all of Ontario, Canada.

Even in cases where the accused has confessed to the crime there are sometimes ways to convince the Crown Attorney to drop the charges, win a not guilty verdict at trial, or convince the Judge in court to discharge the accused.

Most of our cases are ultimately able to be withdrawn or discharged allowing the accused to avoid getting a criminal record. This is particularly important for those charged with fraud under $5000 who are in the immigration system (tourists, students, work permits, PR, etc.) because IRCC has access to and will check the CPIC database which contains all information about an applicant’s criminal history in Canada.

Many of our clients also are students, work in, or aspire to someday work in careers such as IT, banking and finance, engineering, healthcare (nurses, RPNs, PSWs, lab techs, etc.), teachers, childcare, and other sensitive (ie. vulnerable) positions. Virtually any job that requires training will also require a clean criminal record check. Employers and professional regulatory bodies would be very wary of someone who has a fraud conviction.

Fraud charges can also cause the accused to be denied entry or banned from travelling to the United States and other countries in the future. The accused’s freedom, livelihood, and future opportunities are threatened in myriad different ways.

If you or your loved one is charged with fraud under or over $5000 by the police it is in your best interest to retain a lawyer immediately to start working on your defence.


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with fraud offences throughout Ontario.

Have a skilled criminal lawyer who focuses on fraud related charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending a fraud related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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