Identity Theft:

Identity Theft and Property Offence Charges

Identity theft is one of several offences that fall within the broader category of property and theft offences.  Depending on the allegations, related charges may include identity fraud, credit card fraud, fraud under $5,000, fraud over $5,000, possession of property obtained by crime, and other Criminal Code offences.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Property & Theft Offences page.

Fraud & Financial Crime Offences

Identity theft is one of several fraud and financial crime offences.  These allegations can involve names, addresses, dates of birth, identification documents, banking information, credit card information, account information, passwords, or other personal information.

For a broader overview of fraud-related criminal allegations, visit the Fraud & Financial Crime Offences page.

Important Things to Know About Identity Theft Charges

• Identity theft allegations usually involve another person's identity information.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• The charge may involve possession, transfer, sale, or use of identity information.
• Identity theft may be connected to fraud, credit card offences, online accounts, banking information, or documents.
• Digital evidence, documents, transaction records, device records, and witness evidence may become important.
• A conviction may result in a criminal record, restitution, probation, fines, or imprisonment.
• Possible defences depend on identity, knowledge, intent, authorization, records, documents, and disclosure.

What Is Identity Theft?

Identity theft is a criminal offence under the Criminal Code of Canada.  It generally involves obtaining or possessing another person's identity information in circumstances that suggest it may be used to commit fraud, deceit, or another criminal offence.

Identity information may include a person's name, address, date of birth, signature, social insurance number, driver's licence information, passport information, banking information, credit card information, usernames, passwords, or other identifying information.

Identity theft is different from identity fraud.  Identity theft often focuses on obtaining or possessing identity information, while identity fraud focuses on using another person's identity information dishonestly or unlawfully.

Criminal Code Section

Identity theft is addressed under section 402.2 of the Criminal Code of Canada.

• Section 402.2 – Identity Theft

Identity fraud is addressed separately under section 403 of the Criminal Code of Canada.

What Must the Crown Prove?

In every identity theft case, the Crown prosecutor must prove the charge beyond a reasonable doubt.

Depending on the allegations, the Crown may need to prove:

• The identity of the accused person
• That identity information was obtained, possessed, transferred, sold, or dealt with
• That the information belonged to another person
• That the accused person knew the information was identity information
• That the accused person had the required fraudulent, dishonest, or unlawful purpose
• That the conduct meets the legal definition of identity theft
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Identity Theft Allegations

Identity theft charges may arise from many different situations, including:

• Possession of another person's identification documents
• Possession of banking or credit card information
• Possession of usernames, passwords, or account information
• Use of another person's personal information online
• Possession of mail, financial documents, or government documents
• Allegations involving phones, computers, or digital storage devices
• Allegations involving fake accounts or online profiles
• Credit application or loan-related allegations
• Allegations involving multiple identity documents or multiple complainants
• Identity information connected to alleged fraud or credit card offences

The facts, documents, digital evidence, device records, account records, witness statements, and surrounding circumstances often become important issues in identity theft cases.

Identity Theft vs Identity Fraud

Identity theft and identity fraud are related but different offences.

Identity theft generally involves obtaining, possessing, transferring, or dealing with another person's identity information for a fraudulent, dishonest, or unlawful purpose.

Identity fraud generally involves using another person's identity information dishonestly or unlawfully, such as pretending to be another person, using their identity information, or causing another person to believe the accused person is someone else.

For more information, visit the Identity Fraud page.

Possible Penalties for Identity Theft

The possible penalties depend on the facts of the case, the number of identity records involved, whether financial loss is alleged, the accused person's history, the Crown's position, and the outcome reached in court.

• Criminal record
• Probation
• Restitution orders
• Fines
• Community service
• Forfeiture of property in some circumstances
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Professional discipline consequences
• Imprisonment

Identity theft allegations can have serious consequences because they often involve dishonesty, personal information, financial records, or privacy concerns.

Digital Evidence and Identity Information

Identity theft cases often involve digital evidence.  Police may review phones, computers, tablets, storage devices, email accounts, messaging records, screenshots, transaction records, account records, or online activity.

Digital evidence may raise issues involving identity, access, knowledge, intent, authorship, privacy, search warrants, and the reliability of records.

Careful review of digital evidence is often important when assessing the strength of the Crown's case.

Related Property & Theft Offence Charges

Some identity theft allegations may overlap with other property, theft, fraud, or financial crime charges depending on the facts, documents used, identity information involved, or property obtained.

• Fraud & Financial Crime Offences – overview of fraud and financial crime allegations
• Identity Fraud – allegations involving dishonest use of identity information
• Credit Card Fraud – allegations involving unauthorized or dishonest use of credit card information
• Fraud Under $5,000 – fraud allegations involving value under $5,000
• Fraud Over $5,000 – fraud allegations involving value over $5,000
• Theft Offences – overview of theft-related criminal charges
• Possession of Property Obtained by Crime – allegations involving property believed to be obtained through criminal activity

Additional information about these offences can be found on the Property & Theft Offences page.

Possible Legal Defences to Identity Theft

A defence to an identity theft charge depends on the specific facts, evidence, disclosure, documents, digital records, and legal issues involved.  Not every defence applies to every case.

Possible issues may include:

• The accused person did not possess or obtain the identity information
• The accused person was wrongly identified
• The accused person had authorization
• The accused person did not know the information was identity information
• The accused person did not have a fraudulent, dishonest, or unlawful purpose
• The information was not connected to the accused person
• The digital evidence does not prove the charge beyond a reasonable doubt
• The device, account, or document evidence is unreliable or incomplete
• Witness evidence is unreliable or inconsistent
• The allegation is mistaken, incomplete, or exaggerated
• Police may have breached Charter rights
• There may have been an unlawful search, seizure, detention, arrest, or statement issue

The best defence strategy depends on the evidence, disclosure, circumstances, and the accused person's goals.

Court Process for Identity Theft Charges

The court process can vary depending on the circumstances.  Many identity theft cases involve:

1. Police investigation
2. Review of documents, digital records, financial records, or device evidence
3. Search, seizure, arrest, or charge
4. Release from custody or bail process, where required
5. First court appearance
6. Review of disclosure
7. Review of account records, device records, identity documents, banking records, screenshots, or transaction records
8. Crown screening and resolution discussions
9. Restitution or repayment discussions, where applicable
10. Judicial pre-trial or Crown pre-trial, where required
11. Trial preparation
12. Trial or negotiated resolution
13. Sentencing, if applicable

Understanding each step can help you make informed decisions throughout the court process.

Identity Theft Charges Should Be Taken Seriously

An identity theft charge can affect more than the immediate court case.  It may affect a person's criminal record, employment, travel, immigration status, professional licensing, security clearance, and future opportunities.

Because identity theft allegations often involve dishonesty, personal information, financial information, or privacy concerns, they can create serious employment, licensing, reputation, and trust-related consequences.

Every identity theft case depends on the specific facts, evidence, records, authorization issues, knowledge, intent, and surrounding circumstances.

Frequently Asked Questions About Identity Theft Charges

What is identity theft?

Identity theft generally involves obtaining, possessing, transferring, selling, or dealing with another person's identity information for a fraudulent, dishonest, or unlawful purpose.

What is the difference between identity theft and identity fraud?

Identity theft often focuses on obtaining or possessing identity information.  Identity fraud usually involves using another person's identity information dishonestly or unlawfully.

Can I get a criminal record?

A conviction may result in a criminal record and other long-term consequences.

What if I had permission to use the information?

Authorization may be an important issue.  The Crown must prove the charge beyond a reasonable doubt.

Can identity theft involve digital records?

Yes.  Phones, computers, account records, screenshots, emails, messages, banking records, and online activity may become evidence.

Can identity theft affect employment?

Yes.  Identity theft allegations and convictions can affect employment, professional licensing, background checks, security clearance, and future opportunities.

Can identity theft affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring police paperwork, court documents, release documents, disclosure, financial records, banking records, identity documents, account records, emails, text messages, screenshots, and any documents connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common property, theft, fraud, and financial crime allegations, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Identity theft involves allegations concerning another person's identity information.
• Identity theft is addressed under section 402.2 of the Criminal Code of Canada.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Identity theft cases often depend on authorization, knowledge, intent, digital records, documents, and identity information.
• A conviction may result in a criminal record, restitution, fines, probation, employment consequences, immigration consequences, or imprisonment.
• Possible defences depend on identity, authorization, knowledge, records, documents, and disclosure.
• Identity theft is part of a broader group of fraud and financial crime offences.

Conclusion

Identity theft charges can involve many different allegations, including possession of identity documents, use of personal information, digital account records, banking information, credit card information, or identity information connected to other financial allegations.

Because these cases often depend on digital evidence, documents, account records, authorization issues, knowledge, and intent, careful review of disclosure is important.

Understanding the allegation, reviewing the evidence, and considering available defence options can help a person make informed decisions throughout the criminal court process.