Most forgery cases do not involve a master counterfeiter. More often, they start with an ordinary moment of pressure. A person short of income edits a pay stub for a car loan. A contractor changes the date on an insurance certificate so a job can start. An employee signs a manager’s name on an expense form, or a student adjusts a transcript for an application. In the person’s mind, it may have felt like paperwork. Under the Criminal Code, it can be a serious offence with a 10-year maximum.
The other thing people are surprised by is how little it takes. A forgery can be complete the moment a false document is made with the required intent, even if nobody ever saw it and nobody lost a dollar.
This article provides general information and does not replace legal advice about your situation. The facts of a forgery case, including what a document is and why it was created, can change the analysis.
What Section 366 Actually Says
Under section 366(1), a person commits forgery by making a false document, knowing it is false, with one of two intentions. Either the person intends it to be used or acted on as genuine to someone’s prejudice, or the person intends to cause someone, believing it to be genuine, to do or refrain from doing something.
Three things are worth pulling out:
- The making of a false document. Something has to be created or changed.
- Knowledge. The person must know the document is false.
- Intent. The person must intend it to be taken as real, either to someone’s prejudice or to cause someone to act or not act.
The second branch of that intent is why “nobody was hurt” is not a complete answer. If you intend a landlord to accept your application because of a fake reference letter, that may meet the test even if you always intended to pay the rent.
A False Document Can Start as a Real One
Many people assume forgery means producing something from scratch. It does not. Section 321 defines a “false document” in three main ways: the whole or a material part claims to be made by or for someone who did not make or authorize it, or who does not exist; it is made by the person it claims to come from but is false in some material particular; or it is made in a real person’s name, with their authority, with a fraudulent intent that it pass as made by someone else. Section 366(2) adds that making a false document includes altering a genuine document in any material part, adding something material to it (such as a false date or attestation), and making a material alteration by erasing or removing something.
So the key word is “material”. Fixing a typo in your own letter is unlikely to attract attention. Changing the income figure on an employment letter, the expiry date on a certificate, or the amount on an invoice goes to the very thing the reader would rely on. The question is whether the change affects what the document says or what it is taken to be.
A document can also be false because of who it claims to come from. A letter with truthful content that bears a doctor’s signature the doctor never gave can still be a problem, since it presents itself as something it is not.
Signing your own name does not automatically take a document outside the offence either. Because the definition covers a document made by its apparent author that is false in a material particular, a business owner who writes a letter on their own company’s letterhead overstating an employee’s salary could be exposed, provided the knowledge and intent are also proven. Courts have looked closely at where the line falls between a false document and a genuine document that merely contains an untrue statement, and this can be important when reviewing what the Crown has charged.
It Can Be Finished Before Anyone Uses It
Section 366(3) says forgery is complete as soon as the document is made with the required knowledge and intent, even if the maker does not intend a particular person to use it. Section 366(4) adds that it is complete even if the document is incomplete or does not bind anyone in law, as long as it would indicate that it was meant to be acted on as genuine.
In practice, a half-finished fake letter on a laptop could still be enough, provided the Crown can prove intent. Proving that intent from a file on a computer can be difficult, however, and that is often where the argument lies. A template, a draft, or a mock-up made for a lawful reason is different. Section 366(5) also protects those who make a false document in good faith at the request of police, the Canadian Forces, or a government department or agency, though that exception will not apply to most people.
Using the Document Is a Separate Crime
Section 368 deals with what used to be known as “uttering”. It applies to anyone who, knowing or believing a document is forged, uses it or acts on it as if it were genuine, causes or attempts to cause someone else to do so, transfers or sells it, or possesses it with intent to do any of those things.
This means the person who hands in the document can be charged even if they never made it. Someone who pays an “agent” for a job letter or a bank statement to support an application may have no idea how to use design software, yet may still face a section 368 charge. The defence in that situation may focus on what the person actually knew. “Believing” is enough for the offence, so a person who suspected the paper was fake and used it anyway is at real risk. But someone truly deceived about where a document came from is in a very different position.
That risk comes up in the Greater Toronto Area with paperwork for rental applications, mortgages, immigration filings, and insurance claims. If someone offered to “take care of the documents” for you and you now have doubts, get legal advice before filing or relying on them further. For immigration files in particular, a false document can create consequences well beyond the criminal court, including a finding of misrepresentation. Rules there change, so applicants should confirm requirements with IRCC and seek proper advice.
Section 368.1 goes a step further. It targets those who, without lawful authority or excuse, make, buy, sell or possess tools, devices or materials that they know have been used, or are adapted or intended for use, to commit forgery. This offence has a maximum of 14 years on indictment, and it is usually reserved for organized production rather than a one-time edit.
What the Penalties Look Like
Forgery under section 367 and using a forged document under section 368 are hybrid offences. If the Crown proceeds by indictment, the maximum is 10 years. If it proceeds summarily, the general limits apply: a fine of up to $5,000, up to two years less a day, or both.
Maximums are not typical outcomes. The sentence depends on what the document was for, how much money was at stake, whether a position of trust was abused, how sophisticated the alteration was, and the person’s background. An absolute or conditional discharge is legally possible for these offences where the test is met, which is often a central goal for a first-time accused. Conditional sentences may also be available. Courts can order restitution for readily ascertainable losses, and a conviction may result in a court order or job consequences that outlast the sentence.
How the Crown Tries to Prove It
Forgery cases can be built on comparison. A bank asks the employer whether a letter is genuine. The employer says no. Investigators then obtain the original and the altered copy, or look at the metadata showing when the file was created. Where a signature is in dispute, the person whose name appears can testify that they did not sign. The Crown may also use a handwriting or document examiner.
Finding the maker is often harder than proving the falsehood. Knowing a document is fake does not tell you who made it. A broker, a consultant, a relative, or a co-worker could have produced it. If a mortgage package went through several hands before it reached the lender, that chain matters. Text messages and emails about getting the document may be key evidence, for or against you.
Common live issues include:
- Authority. Did the person named allow you to sign for them? Family businesses in Brampton often run informally, and one spouse may have signed for another for years. Evidence of past practice can matter.
- Knowledge. Did you know the document was false, or did someone tell you it was real?
- Materiality. Was the alteration truly material, or was it a clerical correction?
- Intent. Was it a draft, a sample, or a mock-up never meant to be relied on as real?
- Identity. Can the Crown prove that it was you who made or used it?
Authority can be particularly important. Having a power of attorney, a delegated role in a company, or a clear habit of signing for a boss does not fix everything, but it can undercut the claim that a document was false or that you meant to deceive.
The Charge Rarely Comes Alone
If a forged document was used to get money, you may also be charged with fraud under section 380, or with false pretences under section 362. If a false licence or passport was used, the charge may be more specific: passports have their own provision, section 57, with a maximum of 14 years. Lawyers will sometimes look at whether some of those charges overlap, and whether the same act can properly support multiple convictions.
Businesses can also become involved. A small company whose employee submitted false certificates may need to deal with a client, an insurer, or a regulator at the same time. Owners in that position should think about the criminal and business sides together, including what they say to the client and whether they should get advice from a corporate lawyer on a contract dispute that may follow.
If You Think You Have Used a Bad Document
Stop using it. Do not submit it again, and do not “fix” it by creating a further version. Do not destroy the original or delete files, since destroying evidence after you know of an investigation could make matters considerably worse and raise an obstruction concern. Gather what you have, including messages with the person who supplied it and any receipts for payment.
Think carefully before making a confession to a lender, an employer, or a government office. Correcting a record can sometimes be the right step, but the timing and wording matter, and statements to these parties are not protected the way a conversation with your lawyer is. Get advice before writing that email.
If police have called, you do not need to give a statement before you speak to a lawyer. In Brampton, charges will generally proceed through the Ontario Court of Justice at 7755 Hurontario Street, and your first appearance will likely be administrative. Use the time before it to collect your papers and understand your position.
Getting Help With a Forgery Allegation
A forgery charge can feel embarrassing, especially for someone who has never been in trouble and believed they were only “cleaning up” a document. A careful review can often identify where the Crown’s case is strong and where it is thin, such as who made the document, what the person knew, and whether the change was material. To discuss the next steps, you can see our criminal law page or contact us. No outcome can be promised, but you will be better placed with accurate advice before you act.