Case Comment

R. v.
Scallen


citation(s): (1974) 15 C.C.C. (2d) 441


copyright 1997 Donald M Cameron, Aird & Berlis


Contents


Summary

The theft of "electronic funds" is theft under the Canadian Criminal Code.


Facts

Scallen transferred three million dollars electronically to arrange an improper corporate financing.

Trial Decision

Although no money was taken, the Court held that s. 283(1) of the Criminal Code extended to 'anything' that was property and that it would be:

"... verging on the ridiculous to hold that a credit or deposit in a banking institution falls outside 'anything' and is thereby exempted in Canada from being stolen."(6)


Return to:

Cameron's IT Law: Home Page; Index

Cameron's Canadian Patent & Trade Secrets Law: Home Page; Index

JurisDiction Home Page

Aird & Berlis Home Page