Charged With Fraud in Quebec? What Happens Next

What a fraud charge means under section 380

If you or someone in your family has been arrested or charged with fraud in Quebec, you are probably worried and unsure what comes next. This guide explains the process step by step. Remember that everyone charged with an offence is presumed innocent unless the prosecution proves guilt beyond a reasonable doubt.

Fraud is set out in section 380 of the Criminal Code. It covers anyone who, by deceit, falsehood or other fraudulent means, defrauds the public or any person of property, money, valuable security or a service. For a broader national overview, see our guide to fraud charges in Canada.

What the Crown must prove

The Crown is the prosecutor who presents the case against you. In Quebec, this is a prosecutor from the Directeur des poursuites criminelles et pénales (DPCP). To get a conviction, the Crown generally has to prove:

• A dishonest act: deceit, a falsehood, or "other fraudulent means." Courts judge this last category by what a reasonable person would see as dishonest. Examples include using money for an unauthorized purpose or hiding important facts.
• Deprivation: someone suffered an actual loss, or their economic interests were put at risk. The complainant does not have to have actually lost money.
• Knowledge: you knowingly committed the dishonest act and knew it could cause a loss or put someone at risk. Hoping that nobody would end up losing money is generally not a defence. But a genuine lack of knowledge of the dishonest nature of the conduct can be.

Fraud over $5,000 and fraud under $5,000

The value involved changes the type of offence:

• Fraud over $5,000 (s. 380(1)(a)) is an indictable offence, the more serious category. The maximum penalty is 14 years.
• Fraud of $5,000 or less (s. 380(1)(b)) is a hybrid offence. The Crown can choose to proceed by summary conviction (the less serious route) or by indictment.

Section 380(2) also creates a separate offence for fraud affecting the public market, such as manipulating stock prices. It also carries a maximum of 14 years.

What happens after a fraud charge in Quebec

Arrest and release

After an arrest, police may release you with an appearance notice or an undertaking. An undertaking is a written promise to come to court and follow certain conditions. If police hold you, a justice decides at a bail hearing whether to release you on a release order.

In fraud cases, conditions can include:

• having no contact with the complainants or witnesses
• not having anyone else's credit cards, identification or banking information
• not working or volunteering in a role where you handle other people's money
• staying away from certain places or businesses

Breaking a condition is a separate criminal offence. Follow every condition exactly, even if you disagree with it. A lawyer can ask the court or the Crown to change conditions that are unworkable.

Who decides on charges in Quebec

Quebec does things differently from some provinces. Police investigate, but a DPCP prosecutor authorizes the charges. Police may arrest you and release you while the file goes to the DPCP for review. You may receive a summons or notice of the charges later. Fraud investigations often involve bank records and documents, so the time between an arrest and formal charges can be long.

First appearance

Most fraud cases start in the Court of Québec (criminal and penal division), at courthouses in Montreal, Quebec City, Laval and across the province. The first appearance is usually short. The charges are confirmed, disclosure is discussed and the case is adjourned. It is not a trial.

In many cases a lawyer can appear for you. You have the right under the Criminal Code to have your trial in French or English, whichever you choose.

Disclosure

Disclosure is the evidence the Crown must share with the defence. In fraud cases it can be very large. It may include bank statements, emails, contracts, surveillance video, witness statements and forensic accounting reports. Reviewing it carefully is often the most important early step.

Crown's election and your election

For fraud of $5,000 or less, the Crown decides whether to proceed summarily or by indictment. Either way, the case stays in the Court of Québec.

For fraud over $5,000, you generally choose the type of trial:

• a Court of Québec judge
• a Superior Court judge alone
• a Superior Court judge and jury

You can also ask for a preliminary inquiry. This is a hearing to test whether there is enough evidence to go to trial.

Resolution or trial

Many cases end without a trial. Charges may be withdrawn or stayed, or the defence and Crown may negotiate a resolution. In some cases repayment or other steps may affect how the Crown approaches the file. If the case goes to trial, the Crown must prove every element beyond a reasonable doubt.

How long it takes

The Supreme Court of Canada set ceilings for trial delay in Jordan:

• 18 months from charge to the end of trial in provincial court
• 30 months in superior court

Delay caused by the defence does not count. Complex fraud cases can take a year or more, but there is no fixed timeline.

Possible penalties for fraud

What sentences can look like in practice

Maximums are reserved for the worst cases. Real sentences vary widely.

• Absolute or conditional discharge: you are found guilty but no conviction is registered. A conditional discharge comes with probation conditions. A discharge is only possible for fraud of $5,000 or less. Because fraud over $5,000 carries a 14-year maximum, a discharge is not available for it.
• Fine and/or probation, with conditions such as community service or repayment.
• Conditional sentence: a jail sentence of less than two years served in the community, often with house arrest. Bill C-5 (2022) made these available again for many offences, including most fraud over $5,000. They are still not available where the $1 million mandatory minimum applies.
• Jail: more likely in large or long-running frauds, especially those involving a breach of trust.

Factors that matter

Section 380.1 lists aggravating factors for fraud, including:

• the size, complexity, length and planning of the fraud
• a large number of victims
• abusing your reputation or position in the community
• hiding or destroying records
• a serious impact on vulnerable victims

Other factors can work in your favour. These include having no prior record, repaying the money, showing genuine remorse, and personal circumstances such as addiction or mental health issues.

In fraud cases, the judge must also consider ordering restitution, which means repaying the victims. The court can also make an order banning you from jobs or volunteer roles involving authority over other people's money or property. Proceeds of crime can be forfeited.

Other consequences of a fraud charge in Quebec

Criminal record and record suspensions

A conviction creates a criminal record. You can apply to the Parole Board of Canada for a record suspension (formerly called a pardon) after you finish your sentence, including paying fines and restitution. The waiting period is generally:

• 5 years for a summary conviction
• 10 years for an indictable conviction

These rules have changed before and may change again, so check the current rules before you apply.

Travel to the United States

US authorities often treat fraud as a crime of dishonesty. A fraud conviction can make you inadmissible to the United States, and you may need a waiver. Even a pending charge can cause problems at the border.

Immigration

If you are not a Canadian citizen, a fraud charge can be very serious. Fraud over $5,000 carries a 14-year maximum. That can count as "serious criminality" under immigration law, even if you receive a short sentence or none at all. Speak with a criminal lawyer and an immigration lawyer before making any decision about your case.

Employment and licences

Fraud convictions are especially damaging for jobs involving trust, money or clients. Examples include banking, accounting, real estate, insurance and caregiving. Professional regulators may also look into the matter. Bonding and security clearances can be affected. The complainant may also sue you in a separate civil case to recover money.

Common defences and issues in fraud cases

Every case depends on its facts. A lawyer will often look at:

• Dishonesty: was it really fraud, or a business dispute, a bad investment, a broken contract or a bookkeeping error? Not every financial loss is a crime.
• Knowledge and intent: did you actually know the conduct was dishonest? For example, you may have been following instructions or been misled by someone else.
• Identity: can the Crown prove you were the person who made the transactions, especially in online or card fraud?
• Value: is the amount over or under $5,000 actually proven? This affects the charge and the possible sentences.
• Section 8 of the Charter: were searches of your home, phone, computer or bank records lawful, with valid warrants or production orders?
• Section 9 of the Charter: were you arbitrarily detained?
• Section 10(b) of the Charter: were you told about your right to a lawyer and given a real chance to speak with one before questioning?
• Statements: was anything you said to police given voluntarily?
• Delay: has the case passed the Jordan ceilings?

If Charter rights were breached, evidence may sometimes be excluded. In rare cases of unreasonable delay, charges can be stayed.

How common is fraud in Quebec?

Statistics Canada police-reported data (table 35-10-0177) show the following for Quebec:

• 2025: 31,358 fraud incidents, a rate of 346.18 per 100,000 people. 3,359 persons were charged. The Canadian rate was 426.09.
• 2024: 33,873 incidents, a rate of 376.56, the highest in the past decade. 3,742 persons were charged. The Canadian rate was 442.77.
• 2016: the Quebec rate was 183.88. It roughly doubled by 2024, then dropped in 2025.

The number of people charged has stayed much lower than the number of incidents. This reflects how hard many frauds are to trace, especially online scams.

Statistics Canada counts identity fraud separately. In 2025, Quebec recorded 5,478 identity fraud incidents and 618 persons charged. Quebec's rate of 60.47 per 100,000 was above the national rate of 53.39. It is down from a peak of 82.47 in 2021.

For more figures, see our Quebec crime statistics. For recent cases, see Quebec crime news.

If you are the victim or complainant

If you have been defrauded, contact your bank or card issuer right away, then report to your local police. Keep every document, message and receipt.

Police investigate, and a DPCP prosecutor decides whether charges are authorized. The Crown represents the public, not you personally. You can still ask to be kept informed about the case.

CAVAC centres (crime victims assistance centres) offer free support, information and help through the court process across Quebec. IVAC compensation is mainly aimed at people harmed by crimes against the person, so purely financial losses may not be covered. Ask CAVAC or IVAC about your situation.

Other things to know:

• You can give a victim impact statement at sentencing.
• You can ask the Crown to seek a restitution order.
• Release conditions often forbid the accused from contacting you. Tell police if this condition is broken.
• If you fear for your safety, a peace bond under section 810 can be sought. This is a court order requiring someone to keep the peace and follow conditions, without a criminal conviction.
• You may get your own legal advice, including about suing to recover money.

When to speak with a lawyer about a fraud charge

Speak with a criminal lawyer as early as possible. Ideally, do this before you talk to police, and certainly before your first appearance. You have the right to stay silent. Explaining yourself to investigators or the complainant can create evidence against you, even if you mean well. Do not contact complainants or try to repay them directly without legal advice, especially if your conditions forbid contact.

A lawyer can review disclosure, seek changes to your conditions, talk to the Crown and advise you on elections and options. If you have a low income, you may qualify for legal aid through the Commission des services juridiques (aide juridique).

If you have been charged, you can request a free, confidential first consultation through an independent criminal defence lawyer here. If you are a victim, you can request one here.

This guide is general information about the law in Quebec, not legal advice. Every case is different; speak with a lawyer about your own situation.

Frequently asked questions

Do I need a fraud charge lawyer in Quebec?

It is strongly recommended. Fraud cases often involve large amounts of financial evidence, Charter issues around searches of phones and bank records, and serious consequences for jobs, travel and immigration. A lawyer can review disclosure, deal with the DPCP prosecutor and explain your options. If your income is low, you may qualify for legal aid through the Commission des services juridiques (aide juridique).

What is the difference between fraud over and under $5,000?

Fraud over $5,000 is an indictable offence with a maximum of 14 years, and a discharge is not available. Fraud of $5,000 or less is hybrid. The Crown can proceed summarily, with a maximum of 2 years less a day and/or a $5,000 fine, or by indictment, with a maximum of 2 years. A discharge is possible for the lower category.

Will I go to jail for fraud in Quebec?

Not necessarily. Outcomes depend on the facts, including the amount, planning, breach of trust, number of victims, repayment and your background. Sentences can range from a discharge for smaller frauds, to fines and probation, conditional sentences served in the community, or jail for larger frauds. If the total exceeds $1 million and the Crown proceeds by indictment, there is a two-year mandatory minimum.

Can I get a discharge for a fraud charge?

Only for fraud of $5,000 or less. Under the Criminal Code, a discharge is not available for offences with a maximum penalty of 14 years, which includes fraud over $5,000. With an absolute or conditional discharge you are found guilty, but no conviction is registered. Whether a discharge is realistic depends on the facts and your circumstances.

If I pay the money back, will the fraud charge be dropped?

Not automatically. In Quebec, a DPCP prosecutor decides whether the case continues, not the complainant. Repayment can matter in negotiations and is often a factor in your favour at sentencing. It does not erase the charge. Do not contact the complainant directly if your conditions forbid it. Speak with a lawyer first about how and when to make repayment.

How long does a fraud case take in Quebec?

It varies. Simple cases may be resolved in months. Complex fraud files with large disclosure can take a year or more. The Supreme Court's Jordan ceilings set limits of 18 months from charge to the end of trial in the Court of Québec, and 30 months in Superior Court. Delay caused by the defence does not count.