Identity Theft

What is Identity Theft

Definition: Section 403 of the Criminal Code of Canada defines various ‘identity fraud’ and ‘identity theft’ related offences. These focus on fraudulently obtaining or using someone else’s personal identification information to commit further crimes.

Important Points:

Identity theft encompasses a wide range of actions, from using a stolen credit card to opening new accounts in someone else’s name.
The goal of identity theft is usually to obtain something else (money, goods, etc.) using the victim’s identity.
The increase in online activity means identity theft is becoming more common.

Common Evidence

Witness statements about your actions (rare, unless the victim was directly involved in a transaction).
Financial documents or applications in the victim’s name, with your details attached.
Communications (emails, texts, phone records) supporting fraudulent use of the identity.
Police reports or statements from investigating officers, including analysis of digital communications or seized devices.

Penalties for Identity Theft

Identity theft is a hybrid offence, with the potential for serious consequences. The Crown decides how to proceed:

Summary Conviction: Less serious cases.

Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases, often involving substantial financial losses.

Maximum Penalty: Up to 10 years in prison, but sentences can be even longer for multiple victims or complex schemes.

How We Can Help

Securing Your Release: An arrest for identity theft can sometimes lead to a court appearance date without being detained. If you are held for a bail hearing, we’ll fight for your release on the best possible conditions.

Fighting the Charges: Every identity theft case is unique. We’ll look closely at the facts of your situation to build a strong defence:

You didn’t use false information, or you had permission to use it.
Lack of intent to defraud, or the financial harm to the victim was minor.
There’s confusion or mistaken identity regarding the true perpetrator.
The evidence against you is weak or unreliable, and/or your rights were violated in its collection.

Frequently Asked Questions

Is it enough to have someone's credit card number?

Not necessarily. The Crown needs to prove you intended to use it fraudulently.

Can I be charged if it was the first time I did something like this?

Yes, but it’s a factor the Crown considers when assessing severity.

What's the difference between identity theft, identity fraud, and possession of identity documents?

Each has specific definitions within the Criminal Code, focused on different actions.

Let's Talk About Your Case

Identity theft charges can have a lasting impact on your reputation, future employment, and ability to travel or obtain credit. Do not risk your future. Contact us for a free case review to discuss your situation and potential defences.

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