I preface my response with a reference to the disclaimer appearing
below that this is not professional legal advice.
Having reviewed multiple web sites, it appears that the seller would
be lacking the necessary intent in order to be liable under the
criminal code. Furthermore, it does not appear that the seller would
be criminally liable for the actions of the person who buys the
documents.
"Forgery and Offences Resembling Forgery
366. (1) Every one commits forgery who makes a false document, knowing
it to be false, with intent (a) that it should in any way be used or
acted on as genuine, to the prejudice of any one whether within Canada
or not; or (b) that a person should be induced, by the belief that it
is genuine, to do or to refrain from doing anything, whether within
Canada or not. "
"Canadian Laws Dealing With Fraud" Crimes of Persuasion (2000)
http://www.crimes-of-persuasion.com/Laws/Canada/criminal_laws.htm
"Ciment Québec Inc. obtained from the Provincial Bank the financing
needed to carry on its operation. To thank a Mr. Doyon, the Bank
employee who handled the matter, the president of the company decided
to pay him $3,000 annually for three years. The payments were made
through respondent, a lawyer and son-in-law of Doyon, who made up
fictitious bills for fees to the company. Respondent cashed the
cheques issued by the company, deducted a certain amount for income
tax purposes and handed the remainder of the money over to his
father-in-law. Respondent was charged with fraud, conspiracy to commit
fraud, forgery and uttering forged documents and was acquitted on all
the charges by a judge of the Court of Sessions of the Peace. The
appeal by the Crown on the three counts of uttering forged documents
was dismissed.
Held: The appeal should be dismissed.
Even assuming the bills prepared by respondent are forged documents
within the meaning of s. 326 of the Criminal Code, respondent did
nothing beyond preparing or conspiring to utter them. Nothing in the
evidence showed that he uttered or dealt with the fictitious bills as
genuine documents. Acts in preparation for uttering do not constitute
acts of uttering."
"The Queen v. Valois"
http://www.lexum.umontreal.ca/csc-scc/en/pub/1986/vol1/html/1986scr1_0278.html
"Guideline 1.2 describes forgery as 'the creation of a false document
with the intent that it be acted upon as the original or genuine
document'. The Association?s counsel drew our attention to other
definitions of forgery which specifically require the intent to
defraud or injure, emphasizing that there was no such intent in this
case."
I believe the "other definitions of forgery" alluded to are those
contained in the criminal code.
"IN THE MATTER OF DISCIPLINE PROCEEDINGS PURSUANT TO BY-LAW 20 OF THE
INVESTMENT DEALERS ASSOCIATION OF CANADA " Investment Dealers
Association (November 4, 2004)
http://www.ida.ca/Files/Enforcement/DecisionsDisciplinaryHearings/DDH200411040_fr.pdf
Although it appears that the seller would not be criminally liable,
there is always the concern of civil liability. If the buyer goes on
to defraud someone, they might very well sue the seller for damages.
Some additional information on forgery in Canada you may find useful:
"E. Forgery and False Documents" from "Criminal Liability for
Executives and Managers" by Ulrich Gautier, Martin Vauclair , and
Giuseppe Battista (1999)
http://www.lawyers.ca/gautier/liabilityexecutives.htm#_Toc463789966.
I strongly encourage you to consult with an attorney before making any
kind of false document, particularly a false driver's license.
Sincerely,
Wonko
Search terms: "civil liability" forgery Canada; forgery Canada Law;
Canada forgery intent |
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