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The Canadian Law And Buying/Selling/Recieving Of Counterfeit

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dialog_gvf's Avatar
Canada
1581 Posts
 Posted 08/28/2013  7:23 pm  Show Profile   Bookmark this reply Add dialog_gvf to your friends list Get a Link to this Reply

Quote:
What I find interesting is that possession of the counterfeit currency shifted the burden of proof onto Mr. Robinson. Him simply saying he was not aware they were counterfeit was not sufficient in this case.


So, if Tims hands you a fake $2, and it is spotted at some point, are you guilty?
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Canada
686 Posts
 Posted 08/28/2013  9:18 pm  Show Profile   Bookmark this reply Add jg86 to your friends list Get a Link to this Reply
dialog - The burden shifts onto him to demonstrate lawful justification or excuse, on a balance of probabilities. The defendant didn't enter any statement into evidence. By the sounds of it though, had he made a statement explaining why he had the coins, he may have got off.

If Tim's was to give you a fake $2, I feel confident you would have a lawful excuse for it!
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Wade's Avatar
Canada
2781 Posts
 Posted 08/28/2013  9:46 pm  Show Profile   Bookmark this reply Add Wade to your friends list Get a Link to this Reply

Quote:
did offer an opinion that if the intent of the owner was not to use them as currency, then he would have lawful excuse


sounds like that could be applied to a collectable COPY as well.

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Canada
9865 Posts
 Posted 08/29/2013  10:29 am  Show Profile   Bookmark this reply Add DBM to your friends list Get a Link to this Reply
nickelsguy,have you ever asked the RCNA why their code of ethics appears to endorse the sale and possession of coins marked "COPY"?
I don't understand why our prime national numismatic organization would appear to endorse illegal activity.
Is any member of the executive also a member here?
"Dipping" is not considered cleaning...
-from PCGS website
Pillar of the Community
Canada
2301 Posts
 Posted 08/29/2013  11:51 am  Show Profile   Bookmark this reply Add nickelsguy to your friends list Get a Link to this Reply
DBM where are you finding the code of ethics? I am struggling there?
Pillar of the Community
Canada
2301 Posts
 Posted 08/29/2013  11:53 am  Show Profile   Bookmark this reply Add nickelsguy to your friends list Get a Link to this Reply
The law seems pretty clear to me. It is illegal to knowingly possess a counterfeit coin. Which a coin marked copy is. How could you say you did not know when it is marked copy or replica?
Edited by nickelsguy
08/29/2013 11:54 am
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bobby131313's Avatar
United States
24173 Posts
 Posted 08/29/2013  12:06 pm  Show Profile   Bookmark this reply Add bobby131313 to your friends list Get a Link to this Reply

Quote:
How could you say you did not know when it is marked copy or replica?


Ha! Never thought of it that way, that's a a big admission right on the coin. It's saying....

"Hey, I'm counterfeit! "
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jdmern's Avatar
United States
1949 Posts
 Posted 08/29/2013  12:43 pm  Show Profile   Bookmark this reply Add jdmern to your friends list Get a Link to this Reply
The grey area for me would be a coin you purchased as genuine but come to find out at some later date, it may not be genuine... I can think of numerous scenarios where the owner or seller would really not be at fault... This would also seem to naturally lead to a conversation on TPG, where even one coins come back as "questionable authenticity" (fake/altered/ect) they are simply returned. Clearly, the great majority of those coins will be right back onto the market, being traded as authentic.
Valued Member
Canada
258 Posts
 Posted 08/29/2013  1:46 pm  Show Profile   Bookmark this reply Add nickelphr33k to your friends list Get a Link to this Reply
Upon reading this very interesting debate, once again I am filled with feelings of anger and resentment that China is once again allowing counterfeits to flood another collectors' market. It seems like Chinese manufacturers, with the tacit support of the government, are out to destroy any hobby that involves collecting rarities (antiques, coins, cards, even minerals such as moldavite). For that reason I refuse to buy any bullion that comes from China. I know they are collectible and that my action actually has no effect on anything, but I can not justify in my head buying any type of coinage from the counterfeit capital of the world. /end rant.
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artdio's Avatar
1844 Posts
 Posted 08/29/2013  1:52 pm  Show Profile   Bookmark this reply Add artdio to your friends list Get a Link to this Reply
To me the simplest of all fixes is for our great Gov. to pose a trade embargo against all items coming out of China... Put the pressure on them to change there laws and until that is done then they can no longer flood our market with every type of knock off you can imagine...
They have free shipping on anything they sell to Canada and the US and I would imagine the world...So maybe if we stop them here then others will follow
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DEVLEC's Avatar
Canada
3234 Posts
 Posted 08/29/2013  2:35 pm  Show Profile   Bookmark this reply Add DEVLEC to your friends list Get a Link to this Reply
Great info to have out here...seeing as I'm kind of new here and have not seen other topics of same.

Here's another interesting twist on the same subject...Valuable fakes that are labeled as copies (on the back).

If you have the opportunity to visit any military installation or one of our many armories that are located all over the country, you will see many glass covered installations of our war heroes and their many medals. Billy Bishop museum ..etc.. His VC is uncovered and always on display..

VC's are also often on display but a quick look at the back will often show a small stamp.."copy". The copies are perfect and the ribbon and metal patina is perfect. We all want to see the medal and just be close to it to imagine what it took to actually get it..(most died doing the good deeds).

Are they wrong to have it showing..? Is it also illegal..?

These medals rarely change hands and when they do it's in the $100,000.00 Where do we draw the correct line....? A fake is a fake is a a fake....
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Libertad's Avatar
Canada
3692 Posts
 Posted 08/29/2013  3:52 pm  Show Profile   Bookmark this reply Add Libertad to your friends list Get a Link to this Reply
If the coin says copy on it doesn't that disqualify it from being a counterfeit? Who's it trying to fool with a blatant admission of replication?
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DEVLEC's Avatar
Canada
3234 Posts
 Posted 08/29/2013  4:09 pm  Show Profile   Bookmark this reply Add DEVLEC to your friends list Get a Link to this Reply
What are the American coin forums saying on this same subject?... Is China doing the "nasty" with them too?

I would think that the American rarities are also being copied,...is this so?

The US rare coin market must be huge when compared to ours here...We know that China does not play by the rules and no one really seems to care as long as the regular commerce is rolling along...
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Petersun's Avatar
Canada
1700 Posts
 Posted 08/29/2013  5:51 pm  Show Profile   Bookmark this reply Add Petersun to your friends list Get a Link to this Reply
For me, to make everything simple, I'd rather leave the hole empty rather than filling it with something that supercedes the actual rare coin. I'd either wait for a chance to get the actual coin or not let vanity get in my way of collecting.
Pillar of the Community
Canada
686 Posts
 Posted 08/29/2013  6:02 pm  Show Profile   Bookmark this reply Add jg86 to your friends list Get a Link to this Reply
Libertad - The RCMP interpretation is that the coin being marked "COPY" doesn't matter. However, this hasn't been tried in any court that I know of, but I don't think that the courts would agree with their interpretation.
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