In Canada, impersonating someone is considered a criminal offence. The Criminal Code categorizes this act as identity fraud and identity theft and treats them as criminal offences. According to Section 403 of the Criminal Code, it is a crime to "fraudulently personate another person" with the aim of either gaining an advantage or causing a disadvantage to someone else.
The penalty for this criminal offence can be a maximum of 10 years in prison. Traditionally, authorities have used these laws primarily to charge those who engage in identity theft or who give police a false name during investigative detention, or arrest. However, recently these laws have also been applied to people creating fake online social media profiles for cyber-bullying.
Additionally, trafficking in identity information, which includes transmitting, making available, distributing, selling, or offering to sell somebody else’s identity information, is recognized as a criminal offence.
Section 402 of the Criminal Code explicitly defines Identity Fraud, Identity Theft, and Trafficking in Identity Information as offences.
If you knowingly obtain or possess another person’s identity information with an intention to commit an offence, including but not limited to fraud, deceit or falsehood, this is categorized as Identity Theft, according to clause 402.2 (1).
Clause 402.2 (2) defines Trafficking in Identity Information as the act of transmitting, making available, distributing, selling or offering for sale another person’s identity information. Even having possession of such information for any of these purposes is a crime, as long as you know or are reckless about whether the information will be used to commit an offence.
The Criminal Code provides clarification in clause (3), stating an indictable offence includes those under sections like section 57, 58, 130, 131, 342, 362, 366, 368, 380, and 403, which cover various acts like forgery of passport, fraudulent use of certificate of citizenship, personating a peace officer, perjury, theft or forgery of a credit card, false pretence or false statement, forgery, use or trafficking of forged documents, fraud, and identity fraud.
Identity fraud is explained in section 403. According to clause 403. (1), it is an offence to fraudulently personate another person, whether they are alive or dead, with intent to gain advantage for themselves or someone else, obtain any property or interest in any property, cause disadvantage to the person being personated or another person, or evade arrest or prosecution or obfuscate, pervert or defeat the course of justice. This imitation includes using a person’s identity information as your own as defined in clause (2).
An accused charged with an offence under clause (1) or (2) can be tried and punished anywhere they are found, arrested, or in custody. However, proceeding with the offence should not begin in a province without the consent of that province’s Attorney General if the offence was committed outside that province as stated in clause (4).
The punishment for committing an offence under clause (1) or (2) can be imprisonment for a term of not more than five years if it's an indictable offence. Alternatively, it can be an offence punishable on summary conviction, as per clause (5).
The penalty for this offence as outlined in clause (3) can be imprisonment for a term of not more than 10 years if it's an indictable offence. Just like in the previous section, it can also be an offence punishable on summary conviction.
Proof of the Offence section explains what the Crown would be required to prove beyond a reasonable doubt in order for the accused to be convicted by the court.
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Sections 402.2 and 403 in the Criminal Code outline three offences which the crown needs to prove to convict an accused. This process includes proving the essential elements of time, location, and identity as well as specific details for each offence.
In the case of Identity Theft, the crown needs to prove that the accused obtained or possessed another person's identity information. It also needs to demonstrate the accused intended to use this information to commit an indictable offence which includes fraud, deceit, or falsehood as one of its elements.
For Trafficking in Identity Information, proof involves demonstrating that the accused was involved in at least one of several prohibited acts. These acts could include transmitting, making available, distributing, selling, or offering identity information. Alternatively, showing the accused possessed another person's identity information with an intention to commit one of these acts could also suffice. It must be proven that the accused knew or was reckless as to whether the information would be used for committing an indictable offence with fraud, deceit, or falsehood as one of its elements.
In regards to Identity Fraud, the crown must prove that the accused impersonated another person, who could be either alive or deceased. The act of impersonation must be proven to have been done fraudulently. It must also be shown that the accused impersonated another with one of several intents. These could include gaining an advantage for themselves or another person, obtaining any property or interest in the property, causing a disadvantage to the person being impersonated or another person, evading arrest or prosecution, or affecting the course of justice.
