Is it a Crime to fake your own death in Canada?

Psuedocide is legal in Canada.

Pseudocide is legal in Canada. It’s not a crime to fake your own death in the country. 

What is Pseudocide?

Pseudocide refers to the phenomenon of someone faking his or her own death. While there can be many motivators for pseudocide, it is most often a last resort for people wishing to avoid financial or legal problems or to defraud life insurance companies.

Is Pseudocide Legal?

While there is no specific provision in the Canadian Criminal Code that criminalizes pseudocide, the action can be associated with other criminal charges.

What Are the Criminal Charges Associated With Pseudocide?

The criminal charges associated with pseudocide can include fraud, in the instance of insurance fraud, obstruction of justice, if someone was trying to evade a police investigation, and public mischief in the instance that someone was trying to evade a police investigation and/or commit insurance fraud. These charges can potentially be laid against an individual who is alleged to have committed pseudocode if the context in which they did it satisfies the charges. 

The decision would be up to the Crown to decide whether or not any recommendation for criminal charges satisfies any sections in the Canadian Criminal Code as there is nothing specific to faking your own death. There have also been incidents of pseudocide where someone simply wishes to disappear and start their life over. In cases where a desire to start over is the only motivating factor it is unlikely that an individual would face criminal charges. 

How Have People Committed Pseudocide? 

There are different methods to commit pseudocide but typically people fake their own death by faking their drowning, as the absence of their body would be easier to explain. Some people who want to disappear have used tragedies such as the bombing of the World Trade Centers as a cover for their plan. It is reported that at least two people pretended to have died in the September 11 attacks. 

Pseudocide Cases in Canada

Canadian, Jeremy Daniel Oakley committed pseudocide in 2004 when he is alleged to have faked his own death to escape his criminal charges. At the time Oakley was facing one count of sexual assault and one count of sexual interference with a person under 16. 

It is alleged that he had an obituary run in a Halifax newspaper stating he died in an accident near Toronto. His charges were stayed shortly after. Eventually, his plan failed as information that Oakley was alive surfaced. 

He was arrested in Nova Scotia on an unrelated investigation and his fingerprints indicated he was deceased. Money is a primary motivator for people who have committed pseudocide. Incidents of pseudocide have occurred, involving husband and wife, where they make an attempt to defraud an insurance company. 

Typically one partner will fake their own death while their partner collects their life insurance policy. The Canadian Life and Health Insurance Association isn’t aware of any recent cases of anyone being investigated for insurance fraud after faking their own death. However, it follows that if someone were successful in committing pseudocide no record would exist of their transgression. It is impossible to definitively say how widespread this phenomenon is.

Get Experienced Legal Representation Today

While faking your own death may not be a crime on its own, it can lead to serious legal consequences if it involves fraud, deception, or interference with law enforcement. If you’re facing charges related to pseudocide or any other criminal offence, securing skilled legal counsel is crucial.

At Pyzer Criminal Lawyers, our experienced criminal defence lawyers are here to protect your rights and provide strategic legal guidance. Contact us today for a confidential consultation.