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Elements of Forgery and Counterfeiting

Date, Time and Location

Identification of the Accused

Possession of the Item

Evidence About the Forgery/Counterfeit

  • Describe the Fake. Are these changes to a genuine article, made to look like the genuine, or made to function or be used like a genuine (ie: gift card with credit card info contain on mag stripe)
  • You may need to get a statement from the maker of the genuine article to provide evidence the item is a forgery

What did the accused obtain, or hope to obtain with the fake?

  • Value and ownership of the item (if applicable)

Intent (Knowledge)

  • These sections are often specific intent offences. You must prove the accused knew the item was not genuine. Anticipate the “I found it” defence.
  • Repeated occurrences may be wanted or required by Crown to prove intent, however, careful nuanced articulation of all the facts may provide the “reasonable” conclusion that the accused knew, or should have known the article was not genuine.

For Trafficking

  • List evidence that  proves the item was sold, offered for sale, or transferred to another person or location

Related Links:

Statutory Wording for…


  • Statutory Wording Section 366 Making
  • Statutory Wording Section 368 Use, traffic, possess

Counterfeit Credit Cards (Making, Using, Possess)

  • Statutory Wording Section 342

Counterfeit Money

  • Statutory Wording Section 449 Making
  • Statutory Wording Section 450, Possession
  • Statutory Wording Section 452 Using (Uttering)

Forged Passports (Making, Using Possessing)

  • Statutory Wording Section 57