The accused was charged with fraud over $5,000 under s. 380(1) of the Criminal Code after soliciting donations for new organizations while previously working as a field agent for a national taxpayer advocacy group.
Donors often assumed the new organizations were affiliated with the prior organization, and the court found that the accused failed to clearly disclose the lack of affiliation, constituting a misrepresentation by non‑disclosure and establishing the actus reus of fraud.
However, the evidence established that the accused genuinely intended to create a legitimate lobbying organization and did not subjectively intend to deceive or deprive donors or the prior organization.
The Crown therefore failed to prove the mens rea of fraud beyond a reasonable doubt.
The court also found the Crown did not prove that the alleged fraudulent amount exceeded $5,000.
