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A daycare worker in ontario wrote and signed an untrue incident

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A daycare worker in ontario wrote and signed an untrue incident report to hide the fact that children were unsupervised at the time. Can I file fraud charges against this person?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

The definition of fraud in the Criminal Code at section 380 is as follows:

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,...

is guilty of fraud.

So for the police to lay a charge there will need to be evidence not just that someone lied, but that this deprived someone of some money or service or property. If this person has made any type of financial gain or so on from the lie then a fraud charge could be laid. Arguably if she was trying to keep her job or business going, she was making a gain through that lie.

If she was being investigated at all for having left the children unattended, then she could potentially also be charged with obstruction of justice for deliberately making a false report.
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Category: Canada Law
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