Using a Forged Document

The offence description of using a forged document is found at s. 368 of the Criminal Code:

368. (1) Everyone commits an offence who, knowing or believing that a document is forged,

(a) uses, deals with or acts on it as if it were genuine;
(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
(c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or
(d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

Aside from identity, date, and jurisdiction, the elements the Crown must prove beyond reasonable doubt for an accused to be guilty of using forged document are:

1. The accused used a document;
2. The document was used as though it was not a forgery;
3. The document was a forgery;
4. The accused knew, was reckless to, or was wilfully blind to whether or not the document was a forgery.

Using a forged document is one of a number of forgery offences found in the Criminal Code.

The Crown does not need to prove that the accused created the forgery themselves. The Crown also does not need to prove that any benefit was obtained from using the forged document. If the accused engaged in the conduct of using the document, that is enough.

You can find some of the firm’s case results for using a forged document HERE.


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