Charged With Fraud in Alberta? What Happens Next

What a fraud charge means under section 380

A fraud charge in Alberta is laid under section 380 of the Criminal Code. The same federal law applies across Canada, but your case will be prosecuted by the Alberta Crown Prosecution Service and heard in Alberta courts, whether you were charged in Calgary, Edmonton or a smaller community.

Being charged is not the same as being found guilty. You are presumed innocent, and the Crown (the prosecutor who acts on behalf of the public) must prove every element of the offence beyond a reasonable doubt.

What the Crown must prove

In general terms, the Crown has to prove:

• A dishonest act. This can be deceit (a lie), a falsehood, or "other fraudulent means". Courts have read that last phrase broadly to include conduct that a reasonable person would see as dishonest, such as using someone else's money for a purpose that was not allowed.
• Deprivation. The person, business or public body lost money, property, a valuable security or a service, or was put at risk of losing it. An actual loss is not always required; a real risk to someone's financial interests can be enough.
• Knowledge. You knew you were doing the dishonest act, and knew it could cause that loss or risk of loss. A genuine mistake or a business deal that simply went badly is not fraud on its own.

Fraud charges cover a wide range of situations: workplace allegations involving invoices or expense claims, cheque and e-transfer schemes, online sales, insurance or benefit claims, and contractor or investment disputes. Related but separate offences include theft, identity theft and identity fraud. For a national overview, see our guide to fraud charges in Canada.

Offence type: it depends on the amount

• Fraud over $5,000 is a straight indictable offence (the more serious category of criminal offence).
• Fraud of $5,000 or less is a hybrid offence, meaning the Crown can choose to proceed by summary conviction (the less serious procedure) or by indictment.

The value alleged is often a key issue, because it affects the penalties, the court and whether certain sentences are available.

What happens after a fraud charge in Alberta

Arrest and release

Fraud investigations often take weeks or months, so some people are contacted by police long after the events. You may be arrested, or you may receive an appearance notice or summons telling you when to attend court.

If you are arrested, police can release you on an undertaking, a written promise to attend court and follow certain conditions. If police do not release you, you must be brought before a justice for a bail hearing, where you may be released on a release order. Common conditions in fraud cases can include:

• no contact with the complainant or named witnesses;
• not possessing credit cards, bank cards or identification belonging to anyone else;
• not holding a job or volunteer role that involves handling other people's money;
• staying away from a particular business or address.

Breaking a condition is a separate criminal offence, even if the fraud charge is later dropped. If a condition makes work or family life impossible, a lawyer can ask the Crown or the court to change it.

Who decides on charges in Alberta

In Alberta, police generally lay the charge. The Alberta Crown Prosecution Service then reviews the file and decides whether to continue, change or withdraw the charge, based on whether there is a reasonable likelihood of conviction and whether prosecution is in the public interest.

First appearance

Your first appearance will usually be in the Alberta Court of Justice (called the Provincial Court until 2022). Little is decided at this stage. It is mainly about confirming you have a lawyer, getting disclosure and setting the next date. Often a lawyer or agent can appear for you, but check before assuming you do not need to attend.

Disclosure

Disclosure is the evidence the Crown must share with you, such as police reports, witness statements, bank and business records, emails and device data. In fraud cases, disclosure can be large and may arrive in stages. Your lawyer needs it before giving real advice on the strength of the case.

The Crown's election and your choice of court

For fraud of $5,000 or less, the Crown elects whether to proceed summarily or by indictment. Summary matters stay in the Alberta Court of Justice.

For fraud over $5,000, you normally get to choose your trial court: a judge of the Alberta Court of Justice, or the Court of King's Bench with a judge alone or with a jury. Because the maximum sentence is 14 years, you can also request a preliminary inquiry (a hearing to test the evidence) if you choose the Court of King's Bench.

Resolution or trial

Many cases are resolved without a trial. The Crown may withdraw or stay the charge, agree to a lesser charge, or offer diversion or a peace bond in some lower-value cases. Other cases go to trial. Only you can decide how to plead, after advice from a lawyer.

How long it takes

Simple cases may take several months. Complex fraud cases with many documents can take much longer. The Supreme Court of Canada has set ceilings for unreasonable delay: generally 18 months for cases in provincial court and 30 months for cases in superior court, measured from charge to the end of trial, subject to exceptions and delay caused by the defence.

Possible penalties for fraud

Maximums are reserved for the most serious cases. Most sentences are far below them, and the outcome depends heavily on the facts.

What sentences can look like

• Absolute or conditional discharge: you are found guilty but no conviction is entered. A conditional discharge comes with probation conditions; if you complete them, the discharge becomes absolute. Discharges are available for fraud of $5,000 or less, but not for fraud over $5,000 because of its 14-year maximum.
• Fine: sometimes combined with other penalties.
• Probation: a period of supervision with conditions, often including restitution.
• Conditional sentence: a jail sentence of less than two years served in the community, often with house arrest. Since Bill C-5 (2022), this can be available for fraud over $5,000, but not where a mandatory minimum applies.
• Jail: more likely for large losses, breach of trust or many victims.

Courts often also make a restitution order requiring repayment, and can order that you not take work or volunteer roles involving authority over other people's money or property.

Factors that matter

The Criminal Code lists aggravating factors for fraud, including a large value, a large number of victims, a significant impact on victims given their age, health or finances, taking advantage of your standing in the community, and hiding or destroying records. Breach of trust, such as an employee or professional handling a client's money, is usually treated seriously. Factors that may help include a lack of record, repayment before sentencing, acceptance of responsibility, and personal circumstances such as addiction or gambling treatment.

Other consequences in Alberta

Criminal record and record suspension

A conviction creates a criminal record. A discharge also appears on police records for a period (one year for an absolute discharge and three years for a conditional discharge, under federal law). You can apply to the Parole Board of Canada for a record suspension after completing your sentence: generally after 5 years for a summary conviction and 10 years for an indictable one. Eligibility rules have changed over time, so check the current rules before applying.

Travel to the United States

US authorities generally treat fraud as a crime involving moral turpitude, which can make you inadmissible, sometimes even without a conviction if you admit the conduct. A waiver may be possible but takes time.

Immigration for non-citizens

Because fraud over $5,000 carries a maximum of 14 years, a conviction can count as "serious criminality" under federal immigration law, even if the sentence is short. Permanent residents, students and workers should get immigration advice before any plea.

Employment and licensing

A fraud record can affect jobs in banking, accounting, real estate, insurance, government and any role that requires bonding or a security clearance. Regulated professionals may also face discipline from their professional body.

Common defences and issues a lawyer will look at

Every case is different, but a criminal lawyer will usually look at:

• Dishonesty: was this truly dishonest, or a civil dispute, a broken contract or a poor business decision?
• Knowledge and intent: did you honestly believe you were entitled to the money or that the information was true?
• Identity: can the Crown prove it was you, especially with online accounts, shared devices or shared cards?
• Value: is the over or under $5,000 figure correct? This can change the whole case.
• Section 8 of the Charter: whether searches of your home, phone, computer or bank records were lawful, including the warrants or production orders used.
• Sections 9 and 10(b): whether you were arbitrarily detained, and whether you were told of and given access to your right to a lawyer before questioning.
• Statements: whether anything you said to police, or in an employer's internal investigation, is admissible.
• Delay: whether the case has exceeded the 18 or 30 month ceilings.

If evidence was obtained in breach of the Charter, a court may exclude it, which can weaken or end the Crown's case.

How common is a fraud charge in Alberta?

According to Statistics Canada police-reported data, Alberta recorded 25,263 fraud incidents in 2025, a rate of 502.31 per 100,000 people. That is above the Canada rate of 426.09. Police charged 2,316 people with fraud in Alberta that year.

The trend is striking. Reported fraud incidents rose from 18,688 in 2016 to over 25,000 in 2024 and 2025, but the number of people charged fell from a peak of 4,301 in 2019 to around 2,300 in recent years. In 2025, roughly one person was charged for every 11 reported incidents, which reflects how hard many frauds, especially online ones, are to trace.

Identity fraud is counted separately. In 2025, Alberta recorded 2,292 identity fraud incidents (45.57 per 100,000, below the Canada rate of 53.39), with 201 people charged, down from 736 in 2016. See more on our Alberta crime statistics page and follow local cases in Alberta crime news.

If you are the victim or complainant

If you believe you have been defrauded, report it to your local police as soon as you can and keep every record: receipts, bank statements, messages, emails and screenshots. Contact your bank or card provider quickly, as some losses can be stopped or reversed.

Police investigate and, in Alberta, decide whether to lay a charge. The Alberta Crown Prosecution Service then prosecutes the case. The Crown represents the public, not you personally, but it should consider your views and keep you informed.

Alberta victim services units can offer information, support and help understanding the court process. You can usually prepare a victim impact statement describing how the fraud affected you, and you can ask the Crown to seek a restitution order for your losses.

If you are worried about contact from the accused, tell police and the Crown. Release conditions commonly include no-contact orders. A peace bond under section 810 of the Criminal Code is a court order requiring a person to keep the peace and follow conditions, such as staying away from you, and can be sought even without a conviction.

You can also get your own legal advice, including about suing to recover money, which is separate from the criminal case.

When to speak with a lawyer

Speak with a fraud lawyer as early as possible, ideally before you talk to police, your employer's investigators or anyone else about the allegations. You have the right to remain silent, and statements made early can be used later. Getting advice before your first appearance also helps with release conditions, disclosure and protecting your job and immigration status.

If you cannot afford a lawyer, contact Legal Aid Alberta to see whether you qualify. Duty counsel may also be available at court for basic help.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer here, and victims can request one here.

This guide is general information about Alberta and Canadian law, not legal advice. Laws change and every case depends on its facts, so speak with a lawyer about your situation.

Frequently asked questions

Do I need a fraud lawyer in Alberta?

It is strongly recommended. Fraud cases often involve large amounts of disclosure, complex financial records and Charter issues around searches of phones and bank records. A lawyer can review the evidence, challenge release conditions, deal with the Alberta Crown Prosecution Service and explain the risks to your record, job and immigration status. If you cannot afford one, check whether you qualify for Legal Aid Alberta.

What is the penalty for fraud over $5,000 in Alberta?

Fraud over $5,000 is an indictable offence under section 380 of the Criminal Code with a maximum of 14 years in jail. If the total value exceeds $1 million, there is a mandatory minimum of two years. Actual sentences are usually far below the maximum and can include a conditional sentence, probation or jail, depending on the amount, breach of trust, repayment and your background. A discharge is not available for this offence.

Can I get a discharge for fraud under $5,000?

It may be possible. Fraud of $5,000 or less is a hybrid offence, and an absolute or conditional discharge is available for it. Judges consider whether a discharge is in your best interests and not contrary to the public interest. Factors such as no prior record, repayment and the circumstances of the offence often matter. A discharge means no conviction is entered, though it stays on police records for a period.

Will a fraud charge stop me from travelling to the US?

It can. US authorities generally treat fraud as a crime involving moral turpitude, which can make you inadmissible, and sometimes admitting the conduct to a border officer is enough. Even an outstanding charge may cause questions at the border. A US waiver may be possible but takes time. Speak with a lawyer before travelling while your case is ongoing.

How long does a fraud case take in Alberta courts?

Simple cases in the Alberta Court of Justice may take several months, while complex fraud cases can take much longer because of large disclosure. The Supreme Court of Canada has set ceilings of 18 months for provincial court and 30 months for superior court, such as the Court of King's Bench. Delay beyond those limits, not caused by the defence, can lead to a stay of charges.

Is it fraud if I just could not pay back money I owed?

Not necessarily. Fraud requires a dishonest act, such as a lie or other dishonest conduct, plus knowledge that it could cause someone a loss or risk of loss. Failing to repay a debt or a business deal going wrong is often a civil matter rather than a crime. Whether conduct crosses the line depends on the facts, so get legal advice before explaining anything to police.

Can a fraud charge be withdrawn in Alberta?

Yes, it can happen. The Alberta Crown Prosecution Service reviews charges laid by police and may withdraw or stay them if there is no reasonable likelihood of conviction or prosecution is not in the public interest. In some lower-value cases, diversion or a peace bond may be offered. Outcomes depend on the evidence, and a lawyer can often discuss options with the Crown.