Forgery charges in Ontario often arise from desperate moments or simple administrative shortcuts that are later viewed through a criminal lens.
Whether it’s a signature on a business contract, a modified medical prescription, or an altered financial document, the Canadian judicial system views forgery as a strike against the “integrity of commerce.”
When you are charged with forgery, the prosecution isn’t just looking at the document; they are looking at your character. We help refocus the conversation on the facts and the legal requirements of the Criminal Code.
The Legal Mechanics of Forgery and Uttering in Ontario
Most clients are surprised to find they are facing two separate charges: Forgery (Section 366) and Uttering a Forged Document (Section 368).
- Forgery: This is the act of making a “false document” with the intent that it be used as genuine. This includes altering an existing document, adding a false date, or even making a “material” change to a signature.
- Uttering: This is the act of actually using, dealing with, or acting upon that document as if it were real. You can be charged with uttering even if you weren’t the one who actually created the forgery.
In Ontario, a “document” isn’t limited to paper. It includes digital files, emails, and electronic records.
The Risks of a Forgery Conviction
Forgery is an indictable offence that carries a maximum penalty of 10 years in prison. The courts take a particularly dim view of forgeries that involve a “breach of trust,” such as an employee forging a boss’s signature or an executor altering a will.
Beyond jail time, a forgery conviction is considered a “crime of moral turpitude,” which can result in being barred from many professions.
How We Fight Forgery Allegations
Our defence usually hinges on materiality and authority.
- Materiality: Did the change to the document actually matter? Under the law, a “false document” must be altered in a way that changes its legal character.
- Authority: Many forgery cases are misunderstandings regarding permission. If you believed you had the “expressed or implied authority” to sign on someone’s behalf, the criminal intent (mens rea) is missing.
Our Ontario forgery lawyers often work with forensic document examiners to analyze ink, paper, and digital metadata to prove that the prosecution’s timeline or attribution of the forgery is flawed.
FAQs: Forgery Charges in Ontario
Does the forgery have to be successful to be a crime?
No. The crime is committed the moment the false document is created with the intent to use it. Whether anyone was actually tricked doesn’t matter for the charge itself.
What is a “false document” exactly?
It is a document that tells a lie about itself — it claims to be something it isn’t (e.g., signed by someone who didn’t sign it).
Can I go to jail for a first-time forgery charge in Ontario?
While jail is a possibility for indictable forgery, many first-time offenders can avoid custody through a well-negotiated resolution or by proving a lack of fraudulent intent.
Why Professionals Choose Kazandji Law for Forgery Defense
For a professional, a forgery charge is a threat to everything you’ve built. At our Kazandji Law firm, we provide a defence that looks beyond the courtroom to protect your professional standing and your future.
- Detail-Oriented Review: We scrutinize every “material alteration” the Crown alleges, often finding the flaws they missed.
- Direct Advocacy: We push back against the “moral turpitude” label that the prosecution tries to attach to these cases.
- Honest Guidance: We explain the difference between administrative errors and criminal acts in plain language.
What You Should Do Next
If you are facing forgery charges, gather the original versions of any documents in question. Do not reach out to the other parties involved to try and “settle” the matter, as this can be used as evidence of guilt.
Call our Ontario forgery attorneys to schedule a confidential disclosure review. The sooner we can analyze the “materiality” of the alleged forgery, the stronger your position will be. Free consultation.