Jail Time for Cheating on Exam

We’ve all thought about it. Whether it was a few scribbled notes on the inside of a palm or a quick peek over at a classmate’s test sheet, cheating is something many have considered or actually done during their academic careers. In fact, one of the most famous sports adages of all time goes something like this: “If you ain’t cheating, you ain’t trying“.

What many people don’t know, however, is that cheating can get you into very big trouble with the law. That’s right, we’re not just talking about an academic suspension and an F on your report card. As a 24-year-old Concordia University student and his tutor recently found out, cheating can also lead to criminal charges. The student is accused of conspiracy and “personation at examination” for allowing his tutor to write an exam on his behalf.

Section 404 of the Canadian Criminal Code pertains to passing yourself off as someone else during an exam, or allowing someone to take it on your behalf:

Every one who falsely, with intent to gain advantage for himself or some other person, personates a candidate at a competitive or qualifying examination held under the authority of law or in connection with a university, college or school or who knowingly avails himself of the results of such personation is guilty of an offence punishable on summary conviction.

This is a very seldom used section of the Criminal Code. It’s been used less than a handful of times, and never in an academic setting. Interestingly enough, the infraction itself has far more to do with identify theft than it does with actual cheating. Nonetheless, because it’s a summary offence, the maximum possible penalty is a sentence of 6 months of imprisonment, a fine of $5000, or both.

If you’ve been convicted of this offence, call Ginzburg Legal in Montreal to speak with a criminal defense lawyer.

Ginzburg Legal
405 Rue Marie-Morin
Montréal QC
H2Y 2Y1
(514) 710-6749