Offence Wording
Making
449. Every one who makes or begins to make counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 407.
- CCC
Possession, etc., of counterfeit money
450 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse,
(a) buys, receives or offers to buy or receive counterfeit money;
(b) has in their custody or possession counterfeit money; or
(c) introduces counterfeit money into Canada.
R.S., 1985, c. C-46, s. 450; 2018, c. 29, s. 55.
-
http://canlii.ca/t/7vf2#sec450 CCC]
Uttering, etc., counterfeit money
452 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse,
(a) utters or offers to utter counterfeit money or uses counterfeit money as if it were genuine, or
(b) exports, sends or takes counterfeit money out of Canada.
R.S., 1985, c. C-46, s. 452; 2018, c. 29, s. 57.
- CCC
Proof of the Offence
Proving making counterfeit money under s. 449 should include:
#9744; identity of accused as culprit
#9744; date and time of incident
#9744; jurisdiction (incl. region and province)
#9744; the culprit made or began to make counterfeit money
#9744; the culprit knew the money was counterfeit
Proving possession counterfeit money under s. 450 should include:
#9744; identity of accused as culprit
#9744; date and time of incident
#9744; jurisdiction (incl. region and province)
#9744; Either:
#9744; buys, receives or offers to buy or receive counterfeit
#9744; possesses counterfeit or
#9744; brings counterfeit money into the country
#9744; the culprit knew the money was counterfeit
Proving uttering counterfeit money under s. 452 should include:
#9744; identity of accused as culprit
#9744; date and time of incident
#9744; jurisdiction (incl. region and province)
#9744; Either:
#9744; uses counterfeit as real money
#9744; export, send, or take counterfeit out of the country
#9744; the culprit knew the money was counterfeit
Interpretation of the Offence
A lack of intention to spend the money is not a defence.[1]
An intention "not intend to use [coins] as currency" but rather to "hold" coins "for the purpose of selling them as numismatic curiosities" is not a valid defence.[2]
It is a defence to raise a doubt that the accused knew of the "counterfeit nature" of the money.
"lawful justification" or "excuse"
It is not a defence to the offence to establish a lack of intent to use the money to purchase anything.[4] The intention to sell a counterfeit coin "as numismatic curiosities" is not an excuse for the offence.[5]
Constitutionality
The reverse onus found in s. 450, 451, 452, and 454 do not violate s. 11(d) of the Charter.[6]
R v Duane, 1984 ABCA 115 (CanLII), per Kerans JA, at para 4 ("mere lack of intention not to use it as currency does not legitimate possession of counterfeit money.")
R v Robinson, [1974] SCR 573, 1973 CanLII 22 (SCC), per Ritchie J
R v Burge, 1986 CanLII 806 (BC CA), per Carrothers JA, at para 9
Template:Duane
Robinson v R, [1974] SCR 573, 1973 CanLII 22 (SCC)
Burge, ibid.
Posted 09/29/2019 09:56 am
