Carrying a fake ID might not seem like a big deal at first. Maybe it was just to get into a bar, buy alcohol, or make things easier in a tight situation. But in the eyes of Canadian law, even something that feels harmless can quickly turn into a serious criminal charge. If you’re caught with forged documents or any kind of fake identification, you could be facing what’s known as a forgery offence.
Forgery is treated seriously in Alberta courts. It isn’t just about creating a fake document. Even possessing one or using a document you know isn’t real can be enough to trigger criminal charges. This applies to everything from fake driver’s licences and altered school transcripts to forged letters, immigration papers, or pay stubs.
This blog will explain how forgery is defined in Canadian law, the types of documents that could lead to charges, and what the prosecution must prove. It will also cover possible defences and why hiring a skilled forgery lawyer could make a major difference in the outcome of your case.
What Is Forgery Under Canadian Law?
Under Section 366 of the Criminal Code, forgery is defined as:
“Everyone commits forgery who makes a false document, knowing it to be false, with the intent that it should in any way be used or acted on as genuine, to the prejudice of someone.”
This includes:
- Creating false documents
- Altering existing documents to make them false
- Possessing or using documents you know to be forged
It doesn’t matter who made the fake document; if you have it in your possession and intend to use it, or ought to know it is fake, you can be charged.
Forgery is an indictable offence and is punishable by up to 10 years in prison, according to Section 367 of the Code.
What Types of Documents Can Lead To Forgery Charges?
Many people assume that forgery only applies to financial documents or cheques. In reality, the following can all result in a forgery charge:
- Fake driver’s licences
- Altered university transcripts
- Counterfeit government-issued IDs
- Tampered legal agreements
- Fraudulent tax records
- False immigration documents
- Modified employment letters or pay stubs
If you are found with any of the above and authorities believe you intended to use the document to deceive or defraud, they may lay forgery or uttering a forged document charges.
Forgery Vs. Uttering a Forged Document
The terms are often confused, but they are distinct under law:
Forgery (Section 366) – The creation or alteration of a false document
Uttering a forged document (Section 368) – Presenting or using a known-forged document as if it were authentic
A person can be charged with both if they created and used the document. These offences are taken seriously because they undermine trust in public systems like ID verification, legal transactions, and immigration controls.
The Role Of Intent In Forgery Charges
Intent is a crucial factor. To secure a conviction, the Crown must prove that:
- The document is false or has been materially altered
- You knew the document was false
- You intended to use the document as if it were real
So, if you’re knowingly carrying a fake driver’s licence to get into a bar, that could be enough to be charged with forgery or using a forged document. However, if the fake document was unknowingly left in your possession or handed to you without explanation, that may form the basis of a defence.
Common Defences A Forgery Lawyer May Use
1. Lack Of Knowledge
You did not know the document was false or forged.
2. No Intent To Defraud
You possessed the document but never intended to use it or mislead anyone.
3. Mistaken Identity
Someone else created or used the forged document, and you were falsely implicated.
4. Violation Of Charter Rights
If your Charter rights under Section 8 (unreasonable search and seizure) or Section 10(b) (right to counsel) were violated, evidence may be excluded.
An experienced forgery lawyer in Edmonton will explore all of these options, build your defence strategy, and may even get your charges withdrawn before trial.
What Happens If You’re Convicted?
Being convicted of forgery can result in:
- A criminal record
- Difficulty securing employment
- Travel restrictions (especially to the U.S.)
- Professional license issues
- Potential jail time
A criminal conviction for forgery can follow you for life. That’s why it’s vital to seek legal representation immediately after being charged.
Why You Should Hire A Forgery Lawyer Immediately
Forgery charges can be complex. There may be forensic evidence involved, like handwriting analysis or digital document authentication. The consequences are severe, but a strong legal defence can often result in:
- Charges being stayed or withdrawn
- A peace bond agreement
- Diversion for first-time youth offenders
- Conditional discharges
Hiring a skilled forgery lawyer means you’ll have someone who understands court procedures, evidentiary rules, and the local Crown prosecutors’ approach to document-related offences. They can negotiate effectively on your behalf and may even prevent a public trial.
Slaferek Law is a criminal defence lawyer based in Edmonton, Alberta. With a focus on defending individuals accused of serious criminal offences, including forgery, assault, and drug-related charges, we provide strategic and knowledgeable legal support backed by experience and integrity.
If you’ve been charged with possessing or using a fake ID or document, contact us today to speak with a skilled forgery lawyer in Edmonton.
