Nicolas Landry v. His Majesty the King (40394)

(PUBLICATION BAN IN CASE) The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them. The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud. Argued Date 2024-01-17 Keywords Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1). Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).