Toronto Breach of Trust Lawyer
A “breach of trust” is a criminal law legal concept used in different contexts and has different meanings depending on the context. This article will focus on the two main references:
- The criminal offence of “breach of trust”
- The act of breaching trust in another person or business organization, which is an aggravating feature of a crime
Andrew Captan is a Toronto Breach of Trust Lawyer who assists people in both of the aforementioned dilemmas. In this article, a number of FAQ regarding the subject are addressed.
What is a Criminal Breach of Trust in Canada?
Section 336 of the Criminal Code of Canada defines what a criminal breach of trust is. The section reads as follows:
“Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.”
In short, a criminal breach of trust takes place where anyone who is in a position of a “trustee” abuses that position for their own benefit. There does not have to be a particular financial loss or taking (theft) of any money. The act simply must require an intent to defraud.
What is the penalty for a criminal breach of trust in Canada?
This is a serious crime in Canada, as it is considered a “straight indictable” one. You should immediately consult with a Toronto Breach of Trust lawyer if charged, as time may be of the essence to review your case and preserve evidence.
The maximum penalty is 14 years of incarceration.
What is the minimum penalty for a criminal breach of trust in Canada?
There is no minimum sentence for this offence. However, by virtue of s 730(1) of the Criminal Code of Canada, which defines the eligibility requirements for a Discharge (a type of sentence in Canadian criminal law), and given that the maximum punishment is 14 years in jail for this crime, an offender would technically not be eligible to receive a Discharge (absolute or conditional) if found guilty of this offence. The “lowest” penalty, then, would be a Suspended Sentence & Probation or a Fine. Given the seriousness of the offence and the more limited sentencing range for offenders, consult with a Toronto Breach of Trust Lawyer today to explore what legal outcomes might be available for you.
What other ways may a “breach of trust” be relevant in my case?
Section 718.2 of the Criminal Code outlines both aggravating and mitigating circumstances that a Judge must take into account during sentencing if the factors is relevant. According to s 718.2 of the Code, it is an aggravating factor on sentence where the offence, in committing the offence, “abused a position of trust or authority in relation to the victim”. Therefore, individuals charged with the criminal offence of breach of trust inherently commit a serious offence with a “built in” aggravating feature to it.
What is an aggravating factor?
An aggravating factor is one that would tend to increase the severity of a punishment in a given case. If you broke the trust or authority of the victim, this would mean that a Judge must take that factor into account and, in some fashion, factor it into “beefing up” the severity of the outcome.
What are examples of breaches of trust, in the “aggravating factor” sense?
Some examples that Toronto Breach of Trust Lawyers often see when it comes to the aggravating feature of a breach of trust include the following:
- An employee stealing or defrauding an employer
- A parent violating the trust of a child
- A child violating the trust of a parent, for example manipulating a power of attorney
- An employee obtaining a privileged password from their employer and sharing it with someone else to the employer’s detriment
What happens if you steal or defraud your employer in Canada?
If you steal from, or defraud, your employer, you may be apprehended by police and charged for any one of the following offences:
- Theft under $5,000
- Theft over $5,000
- Criminal breach of trust
- Possession of property obtained by crime under $5,000
- Possession of property obtained by crime over $5,000
- Fraud under $5,000
- Fraud over $5,000
- Amongst others
The police will hand over any evidence collected by your employer, typically via a loss prevention team, to the Crown Attorney, who will prosecute your case. You would retain a Toronto Breach of Trust Lawyer and attempt to defend the allegations in a way that you and your lawyer agree on.
The outcome for these types of cases will vary heavily depending on the following factors:
- The amount of financial loss, if there was one
- The amount of any financial loss being repaid
- The accused’s prior record, if any
- The accused’s employment situation
- The accused’s mental health situation
- The accused’s financial situation at the time of the alleged offences
Generally speaking, the greater the financial loss, the higher the risk of jail time. In the 1990s, jail time was common place for even the most minor incidents of breach of trust involving small sums of money. While there has been some shift away from using incarceration so heavily in these cases, Crowns often prosecute them vigorously and retaining a Toronto Breach of Trust Lawyer will be a key step to maintaining your liberty.
Andrew Captan – Toronto Breach of Trust Lawyer
If you have been arrested and charged for a Breach of Trust in Toronto, or any crime involving an aggravating feature of a breach of trust, contact Andrew Captan Today at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.
