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 clean break principle, compelled administrative statements cannot be used in the criminal prosecution if the dominant purpose of the inquiry has shifted to criminal liability.
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.
Stabilize client liberty and establish constitutional delay tracking.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Constitutional delay ceilings are governed by R. v. Jordan [2016] SCC 27 (18 months for provincial court, 30 months for superior court). Total delay is calculated from the swearing of the information to the anticipated end of trial. Net Delay = Total Delay - Defence Delay - Exceptional Circumstances.
Lock in trial forum and prepare for preliminary inquiry.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Ensure complete evidentiary record for trial.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Under s. 380(1.1) of the Criminal Code, if the total value of the fraud exceeds $1,000,000, the court must impose a minimum punishment of two years imprisonment.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Because Fraud Over $5,000 carries a 14-year maximum, it remains eligible for a preliminary inquiry under the post-Bill C-75 framework. The accused retains the right to elect Superior Court trial under s. 536(2).
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Under s. 536.3, the defence must provide a statement of issues and witnesses to be explored. This prevents the court from unilaterally narrowing the preliminary inquiry under Bill C-75 powers.
The Crown has a constitutional duty to provide full disclosure of all relevant, non-privileged evidence under R. v. Stinchcombe [1991] 3 SCR 326. In complex fraud, this involves voluminous banking and digital forensic evidence.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Records held by third parties are not subject to Stinchcombe disclosure and require a common-law application under R. v. O'Connor [1995] 4 SCR 411. The defence must establish 'likely relevance' to an issue in the trial for the first stage. The court then balances privacy interests in the second stage.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.