Legislation to stand up for victims of white-collar crime comes into force

November 01, 2011

MONTREAL, November 1, 2011 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, welcomed the coming into force of Bill C-21, the Standing Up For Victims of White Collar Crime Act. The Minister made the announcement alongside the Honourable Maxime Bernier, P.C., M.P. for Beauce and Minister of State (Small Business and Tourism). The legislation provides tougher sentences for fraud which will help combat white-collar crime.

“It’s an unfortunate reality that white collar crime has taken its toll on individuals and communities across Canada,” said Minister Nicholson. “This legislation stands up for victims of fraud, and makes it easier for them to seek the restitution they deserve.”

The legislation includes a mandatory minimum penalty of at least two years for fraud over $1M. It also toughens sentences by adding aggravating factors that courts can consider. These aggravating factors include:

• if the fraud had a significant impact on the victim, given the victim's particular circumstances, including his/her age, health and financial situation;
• the offender's failure to comply with applicable licensing rules or professional standards; and;
• the magnitude, complexity, and duration of the fraud and the degree of planning that went into it.

The legislation requires judges to consider imposing a restitution order – meaning someone who is found guilty of fraud would have to pay his or her victims back. It also permits the court to prohibit the offender from taking employment or doing volunteer work involving authority over other people's money. Courts will also be allowed to consider a Community Impact Statement made on a community’s behalf (such as a neighbourhood, a seniors’ centre or a club) describing the harm done to or losses suffered by the community.

“Our Government is committed to keep our streets and communities safe and will continue to stand-up for victims of white collar crime,” said Minister Bernier. “Those who perpetrate fraud will face serious consequences for their actions.”

An online version of the legislation is available at www.parl.gc.ca.