Identity Theft in Calgary – What to Do if You’re Accused

What Constitutes Identity Theft in Calgary?

Definition of Identity Theft Under Canadian Law

Under Section 402.2 of the Criminal Code of Canada, identity theft occurs when an individual knowingly obtains or possesses another person’s identity information with the intent to use it for a fraudulent purpose. This offence is distinct from identity fraud, which involves the actual misuse of stolen identity information.

The Criminal Code categorizes identity theft as a preparatory offence, meaning a person can be charged even if the stolen identity has not yet been used.

Common Forms of Identity Theft

Identity theft can take various forms, and in Calgary, authorities regularly investigate and prosecute cases involving:

1. Using Someone Else’s Personal Information Without Consent

This includes unlawfully obtaining details such as:

Social Insurance Number (SIN)
Driver’s licence number
Health card information
Passport details
Banking credentials

2. Creating Fake Identification or Financial Accounts

Criminals may forge government-issued IDs, open fraudulent bank accounts, or apply for credit cards in another person’s name.

3. Stealing Credit Card or Banking Details

This is one of the most common forms of identity theft, often carried out through:

Skimming devices at ATMs or point-of-sale terminals
Data breaches from financial institutions
Stolen mail containing credit card or banking information

4. Online Identity Fraud (Phishing, Hacking, Data Breaches)

With the rise of cybercrime, identity theft now often involves:

Phishing scams (fraudulent emails or messages tricking people into providing personal information)
Hacking into databases containing personal data
Social engineering tactics used to manipulate individuals into disclosing sensitive information

Difference Between Identity Theft and Identity Fraud

While the terms identity theft and identity fraud are often used interchangeably, Canadian law treats them as separate offences:

Identity Theft	Identity Fraud
The act of unlawfully collecting, possessing, or trafficking in someone else’s personal information.	The actual use of stolen identity information for fraudulent purposes.
Criminal Code Section 402.2	Criminal Code Section 403
Example: Obtaining someone’s SIN and banking details through phishing.	Example: Using stolen information to apply for loans or make fraudulent purchases.

In Calgary, both offences are taken seriously by law enforcement, and penalties may include fines, imprisonment, and a permanent criminal record.

Penalties for Identity Theft in Calgary

Being accused of identity theft in Calgary is a serious legal matter that can lead to severe penalties under the Criminal Code of Canada. The consequences depend on whether the offence is treated as a summary conviction or an indictable offence, as well as factors such as intent, harm caused, and prior criminal history.

Fines and Criminal Charges

The penalties for identity theft vary based on the severity of the crime and whether it is prosecuted as a summary conviction (less serious offence) or an indictable offence (more serious offence).

1. Possible Penalties for First-Time and Repeat Offenders

First-time offenders may receive lighter sentences, such as fines, probation, or community service, depending on the circumstances.
Repeat offenders or those involved in large-scale fraud schemes may face higher fines and lengthy imprisonment.
Cases involving organized crime, fraud rings, or financial institutions typically result in harsher sentences.

2. Summary vs. Indictable Offences – What They Mean

Summary Offence: Less severe cases of identity theft may be prosecuted summarily, leading to a maximum penalty of six months in jail and/or a fine of up to $5,000.
Indictable Offence: More serious cases, especially those involving significant financial losses, forged documents, or multiple victims, can result in lengthy prison sentences and substantial fines.

Jail Sentences

The Criminal Code of Canada sets out specific penalties for identity theft, with possible jail time depending on the severity of the offence.

1. Maximum Sentences Under the Criminal Code

Possession of identity information for fraud (Section 402.2): Up to five years in prison.
Identity fraud (using stolen identity) (Section 403): Up to ten years in prison if prosecuted as an indictable offence.
Fraud over $5,000 (Section 380): Up to 14 years in prison if identity theft is part of a larger fraud scheme.

2. Factors That Influence Sentencing

Severity of the crime: Cases involving major financial losses or significant harm to the victim often result in harsher penalties.
Intent and planning: If the court determines that the offence was premeditated, it may impose a longer sentence.
Past criminal record: Individuals with prior fraud or theft convictions are more likely to receive stricter punishments.
Cooperation with authorities: If the accused assists in the investigation, the court may consider leniency in sentencing.

Restitution and Civil Liability

Identity theft not only carries criminal penalties but can also result in financial consequences. Courts often order convicted individuals to compensate victims for their losses.

1. Court-Ordered Repayments to Victims

Under Section 738 of the Criminal Code, a judge may order restitution, requiring the offender to repay stolen funds or cover financial damages.
In some cases, restitution can cover legal fees, credit repair costs, and other expenses incurred by the victim.

2. Financial Consequences of Identity Theft Convictions

A conviction for identity theft can lead to severe financial repercussions, including:
- Loss of employment opportunities due to a criminal record.
- Difficulty securing housing or loans.
- Ineligibility for certain professional licenses.
- Civil lawsuits filed by victims seeking additional damages.

Immediate Steps to Take If Accused of Identity Theft in Calgary

Being accused of identity theft in Calgary can be a life-altering event. Law enforcement takes these charges seriously, and a conviction can lead to severe penalties, including imprisonment, fines, and a permanent criminal record. If you find yourself facing accusations, it’s crucial to act quickly and strategically to protect your rights.

1. Remain Silent and Do Not Self-Incriminate

Do not speak to police officers or investigators without legal representation.
Anything you say can and will be used against you in court.
You are legally entitled to remain silent under the Canadian Charter of Rights and Freedoms.
Politely decline to answer questions by stating:

“I wish to remain silent and speak with my lawyer.”

Attempting to explain yourself or talking your way out of the situation may accidentally harm your defence. Even innocent statements could be misinterpreted or twisted against you.

2. Contact a Calgary Criminal Defence Lawyer Immediately

Hiring an experienced criminal lawyer in Calgary is crucial to navigating identity theft charges.
A lawyer will:
- Assess the evidence against you.
- Advise you on your rights and legal options.
- Handle communication with law enforcement to prevent self-incrimination.
- Develop a defence strategy to challenge the allegations.

The sooner you seek legal counsel, the better your chances of fighting the charges or reducing potential penalties. Do not wait until you are formally charged—contact a lawyer immediately after being accused or arrested.

3. Gather Evidence in Your Favour

If you have been falsely accused of identity theft, you need to collect evidence that supports your innocence. Some key types of evidence include:

1. Proof of Transactions & Online Activity Logs

Bank statements and credit card records showing legitimate transactions.
IP addresses and online activity logs proving you were not involved in fraudulent activity.
Receipts or invoices for purchases made under your name.

2. Witness Statements

If someone can confirm your whereabouts or actions at the time of the alleged offence, their testimony could serve as a key defence.
Employers, family members, or even surveillance footage from stores can help establish an alibi.

3. How to Dispute False Accusations

If you believe someone stole your identity and committed fraud in your name, take the following steps:

Report identity theft to the police and financial institutions.
Check your credit report for unfamiliar accounts.
Document communications with banks, lenders, or law enforcement.
Hire a defence lawyer to present your case effectively in court.

4. Understand Your Charges and Legal Options

Understanding the specifics of the charges against you is essential in mounting an effective defence. Your lawyer can explain:

Whether the charge is a summary offence (less severe) or an indictable offence (more severe).
The potential penalties you may face.
Legal defences available, such as mistaken identity, lack of intent, or insufficient evidence.
Options for negotiating plea deals or reducing charges if necessary.

How Calgary Criminal Defence Lawyers Build a Defence for Identity Theft Cases

1. Challenging the Evidence

One of the key ways a defence lawyer fights identity theft charges is by questioning the evidence presented by the prosecution. The Crown must prove beyond a reasonable doubt that:

The accused had control over the fraudulent activity.
There is concrete evidence linking them to the crime.

Common weaknesses in the prosecution’s case include:

Lack of direct evidence: Identity theft cases often rely on circumstantial evidence, such as digital transactions or document forgeries. If there is no direct proof that the accused committed fraud, the case may be weak.
Technical errors: Many identity theft charges arise from digital activity. If law enforcement misinterpreted digital footprints or failed to properly obtain electronic evidence, the defence can challenge the case.
Data breaches or third-party involvement: If the identity theft resulted from a hacking incident or data breach, the accused may have been unknowingly implicated.

A defence lawyer will work to suppress unreliable or improperly obtained evidence to weaken the prosecution’s case.

2. Mistaken Identity or Wrongful Accusation

Identity theft often involves digital transactions, online fraud, or stolen personal information. A key defence strategy is proving that the accused was not the person who committed the crime.

Online fraud cases: A lawyer may argue that another individual used the accused’s personal information without their knowledge.
IP Address Misidentification: Just because an online transaction was linked to a specific IP address does not mean the accused was responsible. Public Wi-Fi networks, VPNs, and hacked devices can lead to misidentification.
Stolen or cloned identity: In cases where identity theft is committed using stolen information, the accused may have been framed or their identity was used fraudulently by someone else.

A strong defence requires forensic investigation of online activity logs, IP addresses, financial records, and digital trails to prove the accused’s innocence.

3. Lack of Intent or Knowledge

The Criminal Code of Canada requires the prosecution to prove that the accused knowingly possessed or used another person’s identity information with fraudulent intent. Defence lawyers can argue that:

The accused was unaware of any fraudulent activity.
They mistakenly possessed personal information without intent to commit fraud.
They were misled or manipulated by a third party into involvement.

4. Violation of Charter Rights

In any criminal case, law enforcement must follow strict Charter of Rights and Freedoms protections. A defence lawyer will investigate whether the accused’s rights were violated during the investigation or arrest.

Key Charter violations that may result in charges being dismissed include:

a. Unlawful Search and Seizure (Section 8 of the Charter)

If police seized devices, financial records, or personal data without a valid warrant, the defence can argue that the evidence is inadmissible.

b. Right to a Fair Trial (Section 11 of the Charter)

If the accused was denied legal counsel or their trial was unreasonably delayed, their lawyer may seek to have the case dismissed.

A strong defence lawyer will examine all procedural errors to determine if any violations of the accused’s constitutional rights can be used to challenge the case.

The Role of Digital Evidence in Identity Theft Cases

How Electronic Records, IP Addresses, and Surveillance Footage Are Used in Court

In identity theft cases, digital evidence is often the primary proof used by the prosecution. This can include:

IP Address Logs: Investigators trace fraudulent transactions or logins back to specific IP addresses. However, IP addresses can be misleading, especially if VPNs, public Wi-Fi, or hacked networks were used.
Email and Social Media Activity: Authorities analyze emails, social media messages, and website login histories to determine whether the accused was involved in fraudulent activities.
Bank and Credit Card Transactions: Financial records show patterns of spending, ATM withdrawals, or unusual transactions linked to the accused’s accounts.
Surveillance Footage: If identity theft involved in-person fraudulent transactions, such as using a stolen credit card, surveillance footage from ATMs or stores may be presented as evidence.

While prosecutors rely on digital records to build a case, defence lawyers challenge the reliability and interpretation of this evidence to prove reasonable doubt.

Expert Testimony from Cybersecurity Specialists

Given the complexity of digital fraud cases, fraud lawyers may call upon cybersecurity and digital forensics experts to challenge the prosecution’s claims.

Hacked Devices & Unauthorized Access: An expert can analyze whether the accused’s device was hacked or accessed remotely, meaning they were not responsible for fraudulent actions.
False IP Tracking: Some fraud schemes use techniques like IP spoofing or botnets, making it appear as though the accused was involved when they were not.
Device Forensics: A specialist can analyze phones, computers, and hard drives to show whether the accused actually accessed fraudulent accounts or if another party used their credentials.

These expert testimonies can create reasonable doubt, which is crucial in identity theft defence cases.

How Digital Forensics Can Prove Innocence or Reduce Charges

Digital forensics involves the detailed analysis of electronic data to uncover the truth about alleged criminal activities. Defence lawyers work with forensic experts to:

Verify timestamps on transactions to prove that the accused was elsewhere when the fraud occurred.
Examine metadata from emails, documents, and accounts to check whether the accused was the actual user.
Identify malware or unauthorized access that could indicate that the accused’s devices were compromised.
Demonstrate discrepancies in the prosecution’s case, such as incorrect IP tracking, lack of direct connection to the fraud, or unreliable evidence.