Index

• Author: Jonathan Shime/Ian Smith/Grace Hession David
• Pages: 289-295

289

Index

ability to pay, see fines in lieu of forfeiture;

restitution and restitution orders

access to documents, see disclosure

account takeover fraud, 266-69

accused

pre-charge statements, 30-33

prior compelled statements, 4-6, 208-10

release on bail, 36-43

rights, see Canadian Charter of Rights and

Freedoms

actual possession of evidence, 77-80

actus reus (elements) of fraud, see also dishonesty

and deceit; other fraudulent means

breach of trust frauds and, 228-40

criminal organization fraud and, 186-91

fraud-related oences and, 251-52

secret commissions and, 262, 264

addiction, sentencing and, 103, 108, 177

admissibility

of documents as evidence

bank records, 14, 86-88

business records, 88-96

charts and summaries of evidence, 97

evidence of judicial proceedings, 96

federal government records, 97

interview memoranda, 94-96

public documents and books, 96-97

reasonable notice of, 97

documents in possession doctrine and, 77-86

of expert evidence, 56-58

pre-charge considerations and, 29-30, 33

adoption, evidence of, 82-86

adavits

for ex parte orders, 8, 22

for financial documents, 86-91, 97, 98

of loss in cyber fraud, 268-69

Agreed Statement of Facts, 104, 185, 210

Attempt to Obstruct Justice, 27-28, 231

audits, 23, 30, 94

“badges of fraud,” 25-26, 70, 72-74

bail and bail court hearings, 36-43

Bail Reform Act, 41

Bank of Canada, 88

bank records, admissibility of, 14, 86-88

bankruptcy, restitution orders and, 154-55, 158

Bill C-13, 18-20

breach of trust frauds

actus reus (elements) of fraud

accused as ocial, 228-29

breach of standards of responsibility and

conduct, 231-35

connection with accused’s duties and,

229-31

departure from expected standards and

public trust, 235-40

definitions, 106-7, 226-28

mens rea (subjective knowledge) of fraud, 227,

240-47

rehabilitation and, 152-53

restitution, ability to pay and, 151-52

sentencing

aggravating factors, 107-8

mitigating issues, 102, 104, 108

summary charts of cases, 126-35

British Columbia Securities Commission, 216-20

Business Corporation Act, 96

Business Development Bank of Canada, 88

business documents, admissibility of, 88-96

bust out fraud, 269-72

CAFU, see Criminal Asset Forfeiture Unit

Canada Evidence Act (CEA)

admissibility, use immunity and, 210, 211, 213

bank records and, 84, 86-88

business records and, 88-96

charts and summaries of evidence and, 97

doctrine of documents in possession, 76-78

evidence of judicial proceedings and, 96

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