Identity Theft Amendments to the Canadian Criminal Code
Bill S-4, creating new identity theft offences under the Criminal Code, has received Royal Assent and came into force on October 22, 2009. The amendments provide new tools in the prosecution of identity theft and related misconduct. Prosecution of such offences has been problematic, in part because traditional property offences, such as theft, are not easily transferable into the world of intangible property.
The Bill creates two new key offences: the offence of “identity theft” (collecting an individual’s personal information in circumstances that give rise to a reasonable inference that the information would be used to commit an indictable offence) and the offence of “identity fraud” (use of the information to impersonate a person).
In addition, offences are created for possession and trafficking in government documents, for forging documents, for trafficking in identity information, for fraudulently possessing or trafficking in credit card data, for mail-related misconduct and interception of personal communications, and for impersonating a police officer.
A number of exceptions are carved out, including one for individuals using information in good faith in the course of business. The Canadian Bar Association (CBA) has noted, however, that unlike in other jurisdictions, an explicit exception is not created for de minimus offences, such as young persons using identity information to enter licensed establishments.
The legislation further grants a Court the power to order the offender to reimburse the victim of the offence for expenses incurred in re-establishing his or her identity.
For the text of Bill S-4, see:
For the legislative summary, visit:
For the CBA submissions concerning Bill S-4, see:
http://www.cba.org/CBA/submissions/pdf/09-31-eng.pdf
Summary by: Lea Epstein
