Legal Question in Criminal Law in Canada

Re: Fraudlent death

That is the most interesting question I have fielded in a while. The question is not really whether it is a crime to say that someone died when they did not, because depending on the context, the memorial video could be art, or a parody, or a number of things. So there is no hard rule that it is illegal to say someone died who did not. The real question is, did it create a legal action? Was saying someone died used to defraud someone? Was it used to defame someone--like to say they died of AIDS when they don't have AIDS? Or was it a criminal threat? Unfortunately, your description really does not describe with detail what exactly was done, nor does it tell us what the specific HARM was to anyone. In the law, that's the most important issue. Just asking if a specific act is illegal doesn't ask the question (for example, if I punch someone on the street, it's illegal--but it's not illegal if it's in a boxing match, or in self defense).

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

danny@lawofdanny.com

Re: Fraudlent death

I agree with the other answer. It depends on why the death was faked and the effects that the video had.