Canadian Criminal Law/Offences/Breach of Public Trust

Breach of Public Trust Legislation Breach of trust by public officer 122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person. R.S., c. C-34, s. 111. CCC Elements of Offence The Crown should prove the following:R v Boulanger 2006 SCC 32 at para. 58 The accused is an official; The accused was acting in connection with the duties of his or her office; The accused breached the standard of responsibility and conduct demanded of him or her by the nature of the office; The conduct of the accused represented a serious and marked departure from the standards expected of an individual in the accused’s position of public trust; and The accused acted with the intention to use his or her public office for a purpose other than the public good, for example, for a dishonest, partial, corrupt, or oppressive purpose. 2 Breach of Trust