CFN – What’s considered mail and what’s considered mail fraud?
noun1. letters, packages, etc., that are sent or delivered by meansof the postal system: Storms delayed delivery of the mail.2. a single collection of such letters, packages, etc., as sent ordelivered: to open one’s mail; to find a bill in the mail; The mail for England was put on the noon plane.3. Also, mails. the system, usually operated or supervised bythe national government, for sending or delivering letters,packages, etc.; postal system: to buy clothes by mail.4.a train, boat, etc., as a carrier of postal matter.5. electronic mail; e-mail.
Section 380(1) of the Criminal Code of Canada provides the general definition for fraud in Canada:
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
- (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
- (b) is guilty
- (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
In addition to the penalties outlined above, the court can also issue a prohibition order under s. 380.2 (preventing a person from “seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person”). It can also make a restitution order under s. 380.3.
The Canadian courts have held that the offence consists of two distinct elements:
- A prohibited act of deceit, falsehood or other fraudulent means. In the absence of deceit or falsehood, the courts will look objectively for a “dishonest act”; and
- The deprivation must be caused by the prohibited act, and deprivation must relate to property, money, valuable security, or any service.
The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice; it is not essential that there be actual loss. Deprivation of confidential information, in the nature of a trade secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence.
So when envelopes were delivered to City Council as is alleged and now confirmed, and not delivered to council how do we define this? And where does the buck stop? At Mayor Bob Kilger as he has stated publicly several times?
Are you aware of envelopes sent to City Hall around “December 2010” addressed to you that were not delivered?