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Identity Fraud And Identity Theft Lawyer In Toronto

Mississauga, Brampton and Newmarket Identity Fraud and Identity Theft Offences Lawyer

Commonly Asked Questions

  1. What is the offence of identity fraud or personation?
  2. What is the sentence for identity fraud?
  3. What is the offence of identity theft?
  4. What is the sentence for identity theft?
  5. What is "identity information"?
  6. What is the offence of trafficking in "identity information"?
  7. What is the offence of falsely acknowledging a court document?
  8. What is the sentence for falsely acknowledging a court document?
  9. What are my Charter rights?
  10. Can the Charter help my defence?
  11. Can I get assistance from Legal Aid Ontario for my case?

The offence of identity fraud and the offence of identity theft are very serious offences. The conviction for these types of offences can mean prison time and may have life altering consequences. To properly defend these types of charges, you require the assistance of a knowledgeable and skilled defence lawyer.

I offer my clients more than 35 years of experience practicing criminal law here in Ontario. I understand the law and the legal system, and use the knowledge and skill I have gained over the years to protect my clients' rights.

Call Defence Lawyer Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, office today to discuss your identity fraud or identity theft case. I offer a free 30-minute consultation. For your convenience, I offer reasonable payment plans. I also accept Legal Aid in some cases. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or by e-mail.

What is Identity Fraud?

Identity fraud is the offence of stealing another person's identity. It is often referred to as the offence of impersonation or the offence of personation.

Section 403 of the Criminal Code of Canada provides, in part, as follows:

  • 403 (1) Everyone commits an offence who fraudulently personates another person, living or dead,
    1. (a) with intent to gain advantage for themselves or another person;
    2. (b) with intent to obtain any property or an interest in any property;
    3. (c) with intent to cause disadvantage to the person being personated or another person; or
    4. (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.
  • (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.

What is the Sentence for Identity Fraud?

Subsection 403(3) of the Criminal Code of Canada provides as follows:

  • 403(3) Everyone who commits an offence under subsection (1)
    1. (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
    2. (b) is guilty of an offence punishable on summary conviction.

The severity of the sentence imposed on an accused convicted of identity fraud often depends upon the impact that the identity fraud had on the complainant. The more devastating the consequences for the complainant, the higher the sentence that will be imposed on the accused. Often, a complainant will incur serious complications and expense in trying to regain his or her identity and, for example, to re-establish their credit rating or correct government issued documents. All of these factors will be considered by the court when imposing a sentence.

What is the Offence of Identity Theft?

The offence of identity theft is set out in subsection 402.2(1) of the Criminal Code of Canada and is defined as obtaining or possessing 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.

The phrase "identity information" is specifically defined in section 402.1 of the Criminal Code of Canada and means any information, including biological or physiological information, of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual and includes, for example, fingerprints, a DNA profile, the number on a government issued card such as a driver's licence, or a password.

What is the Offence of Trafficking in "Identity Information"?

The offence of trafficking in "identity information" is set out in subsection 402.2(2) which provides as follows:

  • 402.2 (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.

What is "an Indictable Offence that Includes Fraud, Deceit or Falsehood as an Element of the Offence"?

In order to establish the offence of identity theft or the offence of trafficking in "identity information", the accused must have dealt with "identity information" with the intent to use the "identity information" to commit "an indictable offence that includes fraud, deceit or falsehood as an element of the offence". These types of indictable offences include offences such as perjury, false pretences, uttering a forged document, fraud, and identity fraud.

What is the Sentence for Identity Theft or Trafficking in "Identity Information"?

The sentence for identity theft and trafficking in "identity information" is set out in subsection 402.2(5) of the Criminal Code of Canada which provides as follows:

  • 402.2(5) Everyone who commits an offence under subsection (1) or (2)
    1. (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
    2. (b) is guilty of an offence punishable on summary conviction.

What is the Offence of Falsely Acknowledging a Court Document?

The offence of falsely acknowledging a court document is set out in section 405 of the Criminal Code of Canada which provides that it is an offence for a person, "without lawful authority or excuse", to acknowledge, in the name of another person, before a court or a judge, or other person authorized to receive the acknowledgement, a court document such as a Recognizance of Bail. If the offence is prosecuted by indictment, the maximum sentence is imprisonment for a term of not more than 5 years. The offence may also be prosecuted by summary conviction which will reduce the maximum sentence.

Pre-Trial Charter Applications

Often, the best defence to a criminal charge involves a challenge to the investigation that resulted in the arrest of the accused or the collection of evidence against the accused. The police are not allowed to breach the rights that are guaranteed to the accused by the Canadian Charter of Rights and Freedoms.

I will investigate any possible Charter breaches by carefully reviewing the Crown disclosure documents, including the documents used by the police to obtain search warrants for the home, car or other property of the accused, and the documents used by the police to obtain production orders, such as for cell phone records and wiretap authorizations.

If I detect any violation of the Charter rights of the accused or violation of acceptable investigative procedures established by the courts, I will proceed with an application asking for the exclusion of evidence from the trial of the accused obtained illegally by the police, including the statements of the accused and other evidence seized during the investigation.

I have an established reputation for success in pre-trial applications. Winning a Charter application will result in the exclusion of evidence if the court determines that not excluding the evidence will bring the administration of justice into disrepute. The exclusion of evidence often results in a finding of not guilty if the Crown's remaining evidence is insufficient to prove that the accused committed the offence beyond a reasonable doubt.

I have the necessary experience, research skills, writing skills, and advocacy skills to prepare and effectively argue pre-trial Charter applications. The value of legal writing skills cannot be overstated since proceeding with pre-trial Charter applications will require the preparation of several documents including a Notice of Application, an Affidavit, and a Factum setting out the relevant facts and summarizing the relevant case law.

Call Defence Lawyer Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, office today to discuss your identity fraud or identity theft case. I offer a free 30-minute consultation. For your convenience, I offer reasonable payment plans. I also accept Legal Aid in some cases. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or by e-mail.

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