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The Canadian Law And Buying/Selling/Recieving Of Counterfeit

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 Posted 08/29/2013  8:33 pm  Show Profile   Bookmark this reply Add DBM to your friends list Get a Link to this Reply

Quote:
DBM where are you finding the code of ethics? I am struggling there?

When using my trusty old G4 with Safari it's right there close to the top of their home page.
For IE you you may to do a site search for Constitution and Bylaws.
"Dipping" is not considered cleaning...
-from PCGS website
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 Posted 08/29/2013  8:47 pm  Show Profile   Bookmark this reply Add nickelsguy to your friends list Get a Link to this Reply
groan..............found it.............email sent to Pres., Past Pres. and Ex. Sec. head now has 3 lumps from desk
Edited by nickelsguy
08/29/2013 8:56 pm
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 Posted 08/29/2013  8:52 pm  Show Profile   Bookmark this reply Add DBM to your friends list Get a Link to this Reply
From the RCNA site

Quote:
The Code of Ethics of the Association shall read:
As a member of The Royal Canadian Numismatic Association:
........I agree not to sell, exhibit, produce nor advertise counterfeits, copies, restrikes and reproductions of any numismatic items if their nature is not clearly indicated by the word "counterfeit," "copy," "restrike" or reproduction" incused in the metal or printed on the paper thereof and generally accepted by numismatists and not in any way misrepresented as genuine;.........

"Dipping" is not considered cleaning...
-from PCGS website
Edited by DBM
08/29/2013 8:53 pm
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 Posted 08/29/2013  8:57 pm  Show Profile   Bookmark this reply Add nickelsguy to your friends list Get a Link to this Reply
yup make that 4 lumps I will go out on a limb and say this is revised in the VERY NEAR FUTURE.
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 Posted 08/29/2013  10:34 pm  Show Profile   Bookmark this reply Add jg86 to your friends list Get a Link to this Reply
Mike, can you please explain to me why your view on the legality of coins marked "copy" or "replica", and clearly not intended to be used as currency (i.e. a medium of exchange), somehow prevail over the views of the former Chief Justice?

That's what is really grinding my gears about this debate.

I probably wouldn't argue medicine with the Surgeon General, nor would I argue law with the Chief Justice.
Edited by jg86
08/29/2013 10:35 pm
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 Posted 08/29/2013  11:28 pm  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
around section 450 or so regarding counterfeit currency mentions clearly copy or replica coins are illegal. Technically just having a copy is considered illegal, but I believe if you have only one coin unknown as a fake , I doubt it would make it through the courts. We kind of get mixed up with the US laws with their Hobbys act which allows for copy coins to be sold.
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 Posted 08/29/2013  11:38 pm  Show Profile   Bookmark this reply Add jg86 to your friends list Get a Link to this Reply
john, I'm referring to Justice Laskin's remarks in Robinson v. R. Where he said that if the coins weren't to be used as currency, then lawful justification or excuse exists for possessing these coins, and it would not violate the section.

Part XII of the Code deals with CURRENCY offenses. Currency is a medium of exchange. Having them as collectibles or for sale to collectors is not against the law.

This was in a decision by the Supreme Court. I'm failing to see why people are taking other's opinions over the opinion of the Supreme Court!
Edited by jg86
08/29/2013 11:39 pm
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 Posted 08/30/2013  12:11 am  Show Profile   Bookmark this reply Add jg86 to your friends list Get a Link to this Reply
How is a dealer selling a coin stamped "copy" for profit breaking the law? The coin is being sold as a collectible, it is not being used as currency. Currency would reflect using the coin for it's face value. If someone tried to use a 1921 half stamped "copy" towards their purchase at Tim's, this would be breaking the law, as it is an attempt to use it as currency.

The Chief Justice's opinion could be considered in any case where his statement is relevant. It doesn't matter if the facts of the case exactly match the facts of another case. No two cases are exactly the same, and saying that because the facts and situations are different would prevent case law from ever being applied. That's not how the system works.

If the coin was used in barter, it would not be used as currency, and that would not be illegal either.
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 Posted 08/30/2013  12:24 am  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
Yes this decision should set case law in Canada, need a lawyer to chime in on this issue. The RCM can still stop this problem by enforcing their copyrights which only they can claim.
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 Posted 08/30/2013  12:29 am  Show Profile   Bookmark this reply Add nickelsguy to your friends list Get a Link to this Reply
jg86 I removed my last post before your response. Sorry about that. As I stated there I take my interpretations from the RCMP (who consulted with the Crown) and The Bank of Canada. I think I understand your discomfort however a modern prosecution will have to take place with victims of the fraudulent side of the counterfeits giving testimony to really see if the law has any bite. I do agree that the prosecution will not be of a collector with a stamped copy in a collection. But that does not make it totally lawful either.
A dealer selling a copy for profit. You know my response. It is not a collectible. It is a counterfeit coin. By Canadian Law as it is written today.
Edited by nickelsguy
08/30/2013 12:30 am
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Jerry_B's Avatar
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453 Posts
 Posted 08/30/2013  12:36 am  Show Profile   Bookmark this reply Add Jerry_B to your friends list Get a Link to this Reply
I don't have much to contribute here (as a relatively new collector of about two years), but I just couldn't resist popping in to express thanks for this most interesting and thought provoking thread. I feel that I'm gaining a lot of knowledge and understanding from this discussion. Previously, I would have thought that a replica (or copy) so marked would have been a legitimate form of art.

The law, or its excerpts, as I have seen here, does lend itself to some interpretation. Perhaps a rewrite of same could erase any ambiguity.

For the sake of discussion: No legal tender Canadian coin bearing the text "COPY" or "REPLICA" has ever been struck by the Royal Canadian Mint. No colonial, maritime, nor pre-confederation tokens bear those texts. Therefore, any coin bearing those words does not resemble a Canadian coin. Comments please.

Now here's where I think things get nasty: So-called fantasy coins. I don't know if any Canadian ones exist, but here's a possible scenario.... Let's suppose that someone produces a medallion that has all the elements of a Canadian silver dollar, and in general, looks like a silver dollar. But has a date of 1934 (or any year that Canadian silver dollars were not produced). To a knowledgeable collector, this item does not represent a Canadian coin, since such a coin never existed. However, to someone who does not know these things, it would appear to be a valid coin. I believe that such an item should be illegal because it would have potential to mislead the unknowing. "Resemble" depends much on the eyes viewing the object.

Fake items from China are a big problem. Not just coins, but watches, purses ... just about any items of value. From what I can glean, it's a philosophy of "If you can't afford it, then just make your own". Do they not have values of authenticity and integrity?

A trade embargo with China would probably shut down most of our major retailers and leave many of us jobless.

What to do?

Education! If people stop buying these items, production will cease. As long as people keep buying them, the producers will keep pumping them out.




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inward's Avatar
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 Posted 08/30/2013  12:55 am  Show Profile   Bookmark this reply Add inward to your friends list Get a Link to this Reply

Quote:
A trade embargo with China would probably shut down most of our major retailers and leave many of us jobless.

What to do?


How about we start making fake silver Chinese panda coins and send them to China?.....

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 Posted 08/30/2013  01:01 am  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
A few months ago I contacted a private mint in the GTA who makes coins and private tokens, ect. to produce a 5 oz. copper replica penny, an exact copy of the penny design. He flatly said it was illegal to have the queens image on any coin and that the RCM owns the copyrights on all Canadian coins, so much for this idea.
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 Posted 08/30/2013  01:02 am  Show Profile   Bookmark this reply Add Jerry_B to your friends list Get a Link to this Reply
@inward:
LOL
Two wrongs don't make a right!
Besides, they're already making fake Pandas.
Edited by Jerry_B
08/30/2013 01:04 am
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 Posted 08/30/2013  01:03 am  Show Profile   Bookmark this reply Add john100 to your friends list Get a Link to this Reply
Taiwan is making fake pandas
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