Canadian Criminal Law/Offences/Breach of Trust

Proof of the Offence
In addition to the essential elements of time, location, and identity, the crown should prove:
 * 1) the accused was a trustee of some thing; (actus reus)
 * 2) the accused converted the thing to an unauthorized use; and (actus reus)
 * 3) the accused intended to defraud. (mens rea)

Interpretation
Section 2 defines “trustee” as "a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol;"