NCJ Number
43465
Date Published
1977
Length
284 pages
Annotation
SIMPLIFICATION OF THE PRESENT LAW PERTAINING TO THEFT AND FRAUD IS PRESENTED IN THIS WORKING PAPER BY THE LAW REFORM COMMISSION OF CANADA. EXISTING INCONSISTENCIES, FINE DISTINCTIONS, AND AMBIGUITIES ARE CORRECTED.
Abstract
CANADIAN LAW EXPERTS GENERALLY AGREE THAT PRESENT THEFT AND FRAUD LAW HAS MANY DEFECTS, BUT NONE IS MORE GLARING THAN ITS COMPLEXITY. THIS WORKING PAPER DEALS WITH PRINCIPLES AND CONCEPTS WHCIH SHOULD BE INCORPORATED INTO A REFORMED THEFT AND FRAUD LAW. IT DOES NOT DEAL WITH PROCEDURE, EVIDENCE, AND SENTENCING, NOR DOES IT COVER BREAKING AND ENTERING, POSSESSION OF STOLEN PROPERTY, OR OTHER OFFENSES. INSTEAD IT FOCUSES ON DEFINITIONS OF THEFT, ROBBERY, BLACKMAIL, AND FRAUD. IT THEN PRESENTS A DRAFT STATUTE; EACH SECTION CONTAINS NOTES COMPARING THE PROPOSED VERSION WITH CURRENT CRIMINAL LAW. AN APPENDIX GIVES A HISTORY OF THEFT AND FRAUD LAW BEGINNING WITH ENGLISH COMMON LAW, PROCEEDING THROUGH EARLY PARLIAMENTARY LAW, AND SUMMARIZING THE HISTORY OF THEFT AND FRAUD LAW IN CANADA. HISTORICAL ACCIDENTS WHICH HAVE LED TO THE PRESENT REDUNDANCIES, CONFUSIONS, AND GAPS IN THE LAW DETAILED. A SECOND APPENDIX CONSIDERS A LIST OF RECENT THEFT AND FRAUD CASES, LISTS THE FACTS, AND GIVES THE OUTCOME UNDER PRESENT LAW AND UNDER THE DRAFTED REFORM LAW. FOR MOST OF THE CASES THE OUTCOME IS SIMILAR. IN SEVERAL INSTANCES, CONVICTIONS WOULD BE POSSIBLE IN FRAUD CASES WHICH ARE NOW MARGINAL. (IN ENGLISH AND FRENCH).