Identity Fraud:

Identity Fraud and Property Offence Charges

Identity fraud 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 theft, 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 fraud is one of several fraud and financial crime offences.  These allegations can involve names, identification documents, banking information, credit card information, online accounts, passwords, government documents, employment records, 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 Fraud Charges

• Identity fraud allegations usually involve the dishonest or unlawful use of another person's identity information.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• The charge may involve pretending to be another person or causing another person to believe the accused is someone else.
• Identity fraud 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 Fraud?

Identity fraud is a criminal offence under the Criminal Code of Canada.  It generally involves fraudulently personating another person, using another person's identity information, or causing someone to believe the accused person is another person.

Identity information may include a 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 fraud is different from identity theft.  Identity theft often focuses on obtaining or possessing identity information, while identity fraud focuses on using identity information dishonestly or unlawfully.

Criminal Code Section

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

• Section 403 – Identity Fraud

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

What Must the Crown Prove?

In every identity fraud 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 another person's identity information was used, presented, or relied on
• That the accused person fraudulently personated another person or caused someone to believe they were another person
• That the accused person acted for a fraudulent, dishonest, or unlawful purpose
• That the accused person had the required knowledge or intent
• That the conduct meets the legal definition of identity fraud
• 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 Fraud Allegations

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

• Using another person's identification documents
• Opening or attempting to open accounts using another person's information
• Using another person's name, date of birth, address, or account information
• Using another person's banking or credit card information
• Submitting applications using false or borrowed identity information
• Using another person's information for online transactions
• Creating or using accounts in another person's name
• Using identity information connected to alleged fraud or credit card offences
• Allegations involving multiple identity documents or multiple complainants
• Allegations involving phones, computers, accounts, or digital records

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

Identity Fraud vs Identity Theft

Identity fraud and identity theft 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 Theft page.

Possible Penalties for Identity Fraud

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

Digital Evidence and Identity Information

Identity fraud 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, authorization, 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 fraud 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 Theft – allegations involving possession or obtaining another person's 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 Fraud

A defence to an identity fraud 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 use another person's identity information
• The accused person was wrongly identified
• The accused person had authorization
• The accused person did not act fraudulently or dishonestly
• The accused person did not intend to obtain a benefit, cause loss, or avoid consequences
• The digital evidence does not prove the charge beyond a reasonable doubt
• The device, account, or document evidence is unreliable or incomplete
• The financial records do not support the allegation
• 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 Fraud Charges

The court process can vary depending on the circumstances.  Many identity fraud 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 Fraud Charges Should Be Taken Seriously

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

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

Frequently Asked Questions About Identity Fraud Charges

What is identity fraud?

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

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 fraud involve online accounts?

Yes.  Online accounts, phones, computers, emails, messages, banking records, screenshots, and digital transaction records may become evidence.

Can identity fraud affect employment?

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

Can identity fraud 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 fraud involves allegations that another person's identity information was used dishonestly or unlawfully.
• Identity fraud is addressed under section 403 of the Criminal Code of Canada.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Identity fraud 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 fraud is part of a broader group of fraud and financial crime offences.

Conclusion

Identity fraud charges can involve many different allegations, including use of another person's name, documents, online accounts, 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, intent, and the way identity information was allegedly used, 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.