Legal Project Management Plan & Checklist
How to defend a Fraud Over $5,000 charge under s. 380(1)(a) of the Criminal Code in Canada.
What are the penalties for Fraud Over $5,000?: Under s. 380(1)(a), this is a straight indictable offence carrying a maximum penalty of 14 years imprisonment. If the total value of the fraud exceeds $1,000,000, s. 380(1.1) imposes a mandatory minimum of two years imprisonment.
Can I get a preliminary inquiry?: Yes. Because the maximum sentence is 14 years, Fraud Over $5,000 remains eligible for a preliminary inquiry even after the Bill C-75 amendments. The accused may elect trial in the Superior Court with or without a jury under s. 536(2).
What if my case involves parallel regulatory proceedings?: Complex fraud often involves securities regulators or professional bodies. The defence must protect against self-incrimination. Under the R. v. Jarvis predominant purpose test, information obtained through regulatory compulsion after the predominant purpose of the inquiry has become the determination of penal liability cannot be used in the criminal prosecution.
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Jurisdiction: Superior Court of Justice / Court of King's Bench or Provincial Court across Canada.
The Process at a Glance: The defence begins with intake, conflict sweeps, and managing professional licensing exposure. The accused elects their mode of trial and schedules a preliminary inquiry. The defence ingests volumetric digital disclosure, retaining forensic auditors where necessary. If third parties hold critical records, an O'Connor application is litigated. As the case proceeds, the defence monitors Jordan constitutional delay limits and prepares for sentencing mitigation or trial.
Key Legislation and Case Law: The primary offences are governed by the Criminal Code (RSC 1985, c C-46), particularly ss. 380(1)(a) and 380.1. Constitutional delay is governed by R. v. Jordan [2016] SCC 27, R. v. Vrbanic 2026 SCC 19 (complexity exception), and R. v. Jacques-Taylor 2026 SCC 20 (joint trial exception). Third-party records are pursued under R. v. O'Connor [1995] 4 SCR 411. Parallel proceeding protections are anchored by R. v. Jarvis [2002] 3 SCR 757 and s. 7 and s. 13 of the Canadian Charter of Rights and Freedoms.
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This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
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Stabilize client liberty and establish constitutional delay tracking.
Lock in trial forum and prepare for preliminary inquiry.
Ensure complete evidentiary record for trial.
Prevent compelled self-incrimination from tainting criminal trial.
Ensure trial readiness and litigate s. 11(b) stay if necessary.
Finalize matter and manage professional restrictions.
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