The federal government is concerned about fraud and white-collar crime, and we are doing something about it.
Justice Minister Rob Nicholson introduced Bill C-52 this fall to crack down on criminals that defraud families.

While white-collar criminals have been given an easy ride over the years, we believe that anyone who defrauds families is no different than being a mugger or a thief.

We are taking real action to protect law-abiding Canadians by introducing a minimum two-year sentence for fraud over $1 million. White-collar crimes can be complicated exercises in deception, and it is important that judges administer punishments that suit the crimes. We believe that the financial and psychological circumstances of victims should be considered. Bill C-52 takes into account the age, health and financial situation of fraud victims. Many criminals target the elderly and the vulnerable, and our laws must take such reprehensible behaviour into account.

Too often, fraud occurs when a trusted advisor betrays confidences. Our government’s fraud legislation will take this abuse of position into consideration. This means the court will be able to take professional or licensing rules into account that permit certain individuals to occupy the positions they hold. Most professionals work hard to maintain strong ethical guidelines for their work, but criminals who abuse that trust must be punished accordingly.

Criminals often try to cover their tracks to avoid getting caught or successfully prosecuted by destroying records or concealing information from authorities. Bill C-52 will give judges more leeway to treat this kind of activity as an aggravating factor when sentencing convicted criminals. We expect harsh sentences will act as a deterrent and result in fewer fraud attempts.

Punishing criminals is only part of the solution. White-collar crime creates real victims who can lose their life savings to con artists. In cases like these, judges will be required to consider restitution for victim’s losses. Our new legislation will create a process for helping victims to seek compensation from the criminals that defraud them. Courts will be required to consider restitution in cases where it is merited, and victims will have the chance to make the court aware of their losses prior to sentencing.

Good legislation stops crime before it happens, and we believe these measures will prevent white-collar con artists from preying on the vulnerable.

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The audio version of Garry's November 2, 2009 op-ed column can be heard by clicking here