Forgery Charges in Ontario
Updated October 8, 2026
A disputed signature or document is not automatically proof of forgery. The prosecution must establish the offence alleged, including the required knowledge and intention. Making a false document and using a forged document are distinct issues, and other fraud or identity-related charges may also be alleged.
Making a false document
Criminal Code section 366 addresses making a false document knowing it is false, with specified intentions concerning its use as genuine or the actions it may induce. Material alteration can fall within the definition. The offence can be complete before the document is used. A disagreement about a document's contents must be distinguished from proof of the statutory elements.
Using or possessing a forged document
Section 368 separately addresses specified use, dealing or possession with the required knowledge or belief and intention. Counsel should check precisely which provision is charged. Forgery should not be used as a catch-all label for every disputed contract, counterfeit item or financial transaction.
Evidence and possible issues
Relevant records may include originals, signature exemplars, document versions, access logs, messages, account records and forensic analysis. Who created or altered the document, what authority existed, what the person knew and how it was intended to be used may be contested. An expert's conclusion and the assumptions behind it require review; a defence depends on the actual evidence.
Preserve documents and obtain advice
Keep originals safely and preserve complete electronic records without editing them. Provide a chronology and the surrounding agreement to counsel. Do not ask witnesses to change their accounts. Follow release conditions and seek advice before speaking to investigators or deciding on a plea. Immigration, employment or licensing consequences may need separate consideration.
Related reading and legal assistance
The Right to Remain Silent in Canada
Criminal Defence and Criminal Appeals
Contact the Law Office of Kalina & Tejpal to discuss the allegation and your circumstances.
Sources and scope
Sources: Criminal Code section 366; Criminal Code section 368. This is an updated replacement for a legacy overview. It is general information, not legal advice. The exact charge, applicable statutory version and evidence require individual review.