Identity theft is a term commonly used to describe the theft of someone’s personal information for the purpose of pretending to be that person, usually in order to obtain credit or financial gain in some way. The veil of anonymity provided by the internet has created even greater opportunities for the theft of our identity. Identity theft and identity fraud in the Criminal Code of Canada encompass a wider range of activity that covers all of the transactions from the time of the theft of the identity to the end result of its use for fraudulent purposes.
The Criminal Code of Canada refers to “identity information” as the object of the theft, possession or unlawful use. Thus, it is an offence to obtain or possess another person’s “identity information” in circumstances giving rise to a reasonable inference that this information is intended to be used to commit an offence that involves fraud, deceit or falsehood. It is also an offence to “traffick” in such information. Trafficking includes transmitting, making available, distributing, selling, offering to sell, or possessing “identity information” knowing or being reckless as to whether the information will be used to commit an offence involving fraud, deceit or falsehood. Thus, it is not just the initial thief of the information, or the ultimate end user, who can be prosecuted for an offence involving identity theft.
It Is Against The Law to Use Someone Else’s Identity to Commit a Crime
It is therefore unlawful to be knowingly involved in the theft, sale, or subsequent use of someone’s “identification” or other “identity information” to commit a criminal offence. “Identity information” can include someone’s name, address, date of birth, signature, user name, credit card number, debit card number, bank account number, passport number, health card number, driver’s license number, password, fingerprint, voiceprint, retina image, iris image, or DNA profile.
Identity Theft ultimately involves the use of the identity to commit such offences as forgery or uttering a forged document, impersonating a police officer, perjury, theft, fraudulent use of a credit card, false pretences, and identity fraud. Today the internet is the preferred medium for the use of stolen I.D. and other personal information. We have observed that many times prosecutors cannot connect our clients to the illicit activity in question due to the complex nature of the Internet.
An accused can be charged and tried in either the jurisdiction where the offence was committed or where the accused is found.
Complex Cases Require an Experienced Criminal Defence Lawyer
Identity theft, trafficking, and related offences are usually complex cases for the prosecution to prove, especially when the alleged offences are committed via the internet. The prosecution must prove who the person is that is using the identity information, which, may be difficult to establish in the dark shadows of cyberspace. The Criminal Law Team has over 60 years of experience defending cases involving fraud and theft. In our experience as identity theft lawyers, we are of the view that these types of offences are just as difficult to prove as other more traditional means of committing offences involving deceit, theft and fraud. In “the old days” a theft, fraud or forgery might involve passing a bad cheque to a bank.
Today, internet hackers and data miners leave us in constant fear that our identity will be used by someone else to besmirch our hard fought reputation.
Using Someone Else’s Credit Cards Online Without Permission is a Criminal Offence
You should also be aware that under Section 342(3) of the Criminal Code it is a criminal offence for a person to fraudulently possess, use, traffic in or permit another person to use credit card data, including personal information such as passwords, pin numbers, etc. Thus, any use of credit card information (credit card number, expiry date, etc.) on the Internet, or elsewhere, without the permission of the owner of the card, is illegal if the information is used for a fraudulent purpose. Whether the prosecution can prove who used this information to, for example, purchase products online, is another question that we can help you answer.
If you or a loved one is facing a criminal charge (or is under investigation for an offence) involving identity theft, contact us 24/7 to discuss your case before you even think of talking to the police. We are here to protect your rights, by ensuring that you do not provide any information to the police without us reviewing it with you, to ensure that you do not incriminate yourself.
The Criminal Law Team will work diligently to give you the best possible defence of charges of identity theft and to protect your rights at every stage of the legal process. You are protected under the solicitor-client privilege, so that you know you can speak freely to us. Remain free by calling The Criminal Law Team for a FREE consultation.
