Identity Fraud and Identity Theft

Identity Fraud and Identity Theft involve the misuse of another person’s personal information. These offences are distinct yet often related, and both carry significant penalties. 

Identity Theft: Criminal Code Definition

Per Section 402.2 (1) of the Criminal Code, every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

Examples of Identity Information

• Fingerprint, voice print, retina or iris image, DNA profile;
• Name, address, date of birth;
• Written or electronic signature;
• Digital signature, username, credit card number;
• Social Insurance Number, health insurance number, driver’s licence number

Have you been charged with Identity Theft or Identity Fraud? Call (306) 994-9522 for a free consultation with a criminal defence lawyer.

Identity Fraud: Criminal Code Definition 

Per Section 403 (1) of the Criminal Code, everyone commits an offence who fraudulently personates another person, living or dead,

(a) with intent to gain advantage for themselves or another person;

(b) with intent to obtain any property or an interest in any property;

(c) with intent to cause disadvantage to the person being personated or another person; or

(d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

Key Aspects of Identity Fraud

• Impersonating someone to gain a financial or property advantage;
• Impersonating someone to evade legal consequences or to obstruct justice;
• The person being impersonated must be a real individual, not a fictitious character.

Penalties and Consequences

Penalties for Identity Theft 

Identity Theft is a hybrid offence, meaning the Crown can choose to prosecute it either as a summary conviction or as an indictable offence.

• Summary Conviction: Maximum of 2 years less a day in jail and/or a $5,000 fine.
• Indictable Offence: Maximum of 5 years imprisonment.

Penalties for Identity Fraud 

Identity Fraud is also a hybrid offence, allowing the Crown to elect to proceed by summary conviction or by indictment.

• Summary Conviction: Maximum of 2 years less a day in jail and/or a $5,000 fine.
• Indictable Offence: Maximum of 10 years imprisonment.

Aggravating Factors

• Multiple victims
• Vulnerability of victims
• Breach of trust
• Sophistication and planning
• Use of stolen identity to commit other crimes

Are you facing Identity Theft or Identity Fraud charges. Call (306) 994-9522 now for a complimentary consultation with a criminal lawyer. 

Dispositions Available

The dispositions available for Identity Theft and Identity Fraud are the same. The options for summary convictions are identical to those for indictable offences in both cases. 

Summary and Indictable Dispositions

• Discharge
• Suspended Sentence
• Fine
• Fine + Probation
• Imprisonment
• Imprisonment + Probation
• Imprisonment + Fine
• Conditional Sentence

Defences Against Charges of Identity Theft and Identity Fraud

To secure a conviction for Identity Theft under the Criminal Code, the Crown must prove beyond a reasonable doubt that the accused intentionally possessed another person’s identity information with the intent to use it to commit an indictable offence involving fraud, deceit, or falsehood. 

For Identity Fraud, the Crown must demonstrate that the accused knowingly impersonated another person, living or dead, with the intent to gain an advantage, obtain property, cause disadvantage, or evade justice, fully aware that their actions were illegal and would cause harm or loss to another individual.

Defending against charges related to Identity Theft and Identity Fraud requires a nuanced understanding of the law and a thorough examination of the evidence. Potential defences may include:

• Lack of Intent: Demonstrating that there was no intent to use the information for fraudulent purposes or commit an indictable offence.
• Mistaken Identity: Arguing that the accused was not the individual who committed the offence.
• Consent: Proving that the accused had permission to use the identity information.

Given the complex nature of these cases and the severe penalties involved, it is crucial to seek the guidance of an experienced criminal defence lawyer. A skilled lawyer can assess your case, develop a robust defence strategy, and ensure your rights are protected throughout the legal process.

Don’t Face Your Identity Theft and Identity Fraud Charge Alone

An experienced criminal defence lawyer is essential when facing a charge of Identity Theft or Identity Fraud. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with Identity Theft or Identity Fraud. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.