Identity Theft

Accused of identity theft in Ottawa? This serious white-collar crime involves the unauthorized use of personal information, such as credit card details or Social Insurance numbers, typically for financial gain. Whether you’re facing charges based on phishing, fraudulent transactions, or other illicit activities, the legal consequences can be severe, including hefty fines, imprisonment, and a permanent criminal record.

At Friedman Mansour LLP, our experienced criminal defence team is dedicated to providing you with a strong defence against identity theft allegations. We will investigate your case, challenge the evidence, and fight for your rights to ensure a fair trial. If you’ve been accused of identity theft, trust our legal expertise to guide you through the complexities of your case and work towards the best possible outcome.

What is Identify Theft?

Identity theft, also known as impersonation or the offence of personation, is a criminal act involving the fraudulent appropriation of someone else’s identity. As outlined in Section 403 of the Criminal Code of Canada, this offense encompasses various deceptive actions, such as intentionally personating a living or deceased person. The motivations behind identity theft can include:

• gaining advantages,
• acquiring property,
• causing harm to the person being impersonated, or
• attempting to avoid arrest, prosecution, or obstruct the course of justice.

The offence of impersonating a person involves not only pretending to be them but also using their identity information, either in isolation or in conjunction with details related to other individuals. Understanding the nuances of this offense is crucial in navigating legal complexities surrounding identity theft accusations.

What is the offence of Identity theft?

Identity theft, as explained in subsection 402.2(1) of the Criminal Code of Canada, involves the acquisition or possession of someone else’s “identity information.” This act must be done with the intent to deploy this information in the commission of an indictable offence that encompasses elements like fraud, deceit, or falsehood.

The term “identity information” is meticulously defined in section 402.1 of the Criminal Code of Canada. It encompasses any information, including biological or physiological details, commonly used alone or in conjunction with other data to identify an individual. This can include fingerprints, a DNA profile, the identification number on a government-issued card (such as a driver’s license), or a password. Understanding these legal intricacies is essential in comprehending the scope and implications of the offence of identity theft under Canadian law.

What Information Is Involved in Identity Theft Charges?

Those facing identity theft charges may be accused of attempting to obtain personal information to access accounts or financial resources without authorization. The types of data commonly associated with these allegations include:

• Online user names and passwords
• Name, address, and telephone numbers
• Date of birth
• Credit card numbers
• Bank account details
• PIN numbers
• Birth certificate details
• Passport number
• Driver’s licence
• Social Insurance Number (SIN)

Penalties for identity theft in Ontario

In Ontario, penalties for identity theft are outlined in Subsection 403(3) of the Criminal Code of Canada:

Indictable Offence

Those convicted may face imprisonment for up to 10 years.

Summary Conviction

Alternatively, the offence is punishable on summary conviction which is a less serious criminal offence that is tried in provincial courts and is akin to a “misdemeanor” in the United States.

The severity of the sentence hinges on the impact of identity fraud on the complainant. The more significant the consequences, the harsher the sentence. Factors like the complexity and expenses incurred by the complainant in reclaiming their identity are weighed by the court during sentencing.

Identity Theft Sentencing in Ontario

Maximum Penalties

• Summary Conviction (s. 402.2): Up to 2 years less a day in jail and/or a $5,000 fine
• Indictable Conviction (s. 402.2): Up to 5 years in prison

Minimum Penalties

There are no mandatory minimum penalties for identity theft offences in Canada. However, the severity of the sentence depends on factors such as the extent of the fraud, the number of victims, and the accused’s criminal history.

Understanding these penalties is essential for anyone facing identity theft charges in Ontario.

Penalties for trafficking in identity information

Under subsection 402.2(2) of the Criminal Code of Canada, trafficking in identity information is a serious offence. A person commits this crime if they:

• Transmit, distribute, sell, or offer for sale someone else’s identity information
• Make identity information available to others
• Possess identity information for any of the above purposes

To be convicted, the accused must have knowingly or recklessly been aware that the information could be used to commit an indictable offence involving fraud, deceit, or falsehood. If charged, penalties can vary depending on whether the case is prosecuted summarily or by indictment, with severe consequences, including imprisonment.