Identity theft

There is a difference between committing identity theft and identity fraud. The distinction may seem subtle at first, but identity fraud is commonly known as pretending to be another person, while identity theft is the use of another’s someone’s personal information for the purpose of defrauding.

We often see the case of a person that substitutes himself to another, by giving someone else’s name when intercepted by the police, in order to avoid judicial responsibility.

On the other hand, a common case of identity theft is the use of a person’s personal data in order to fabric fake credit cards or false documents, such as passports or identity cards.

Me Dagenais can defend you in both cases. Contact us now to receive legal advice regarding your accusation.

Section 402.2 of the Criminal Code: Identity theft

402.2 (1) 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.

Trafficking in identity information

(2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

Clarification

(3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:

a) section 57 (forgery of or uttering forged passport);

b) section 58 (fraudulent use of certificate of citizenship);

c) section 130 (personating peace officer);

d) section 131 (perjury);

e) section 342 (theft, forgery, etc., of credit card);

f) section 362 (false pretence or false statement);

g) section 366 (forgery);

h) section 368 (use, trafficking or possession of forged document);

     i) section 380 (fraud); and

     j) section 403 (identity fraud).

Identity fraud

Section 403 of the Criminal Code: Identity fraud

(1) 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.

Clarification

(2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.

Punishment

(3) Everyone who commits an offence under subsection (1)

a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

b) is guilty of an offence punishable on summary conviction.