Government introduces legislation to establish minimum sentences for fraud
The Government of Canada has now introduced Bill C-52 An Act to amend the Criminal Code (sentencing for fraud), first discussed in our post of October 20. The proposed legislation, expected to receive second reading today, establishes a minimum sentence of two years for convictions under section 380 (fraud) of the Criminal Code. The bill would also add aggravating circumstances to those listed under section 380.1(1) that a court may consider in sentencing an individual convicted under the relevant section. Specifically, aggravating circumstances would include whether the magnitude or duration of the fraud was significant, whether the offender failed to comply with a licensing or professional standard and whether the offender concealed or destroyed records related to the fraud. The bill does not, however, provide further particulars regarding the specific licensing or professional standards that may be considered. Further, the practical consequences of the proposed legislation are unclear at this point, as the bill focuses on sentencing rather than enforcement.
