Identity Theft Lawyer Toronto

Have you been arrested and charged with committing identity theft in Toronto? Because a conviction for identity theft comes with significant penalties, you need experienced legal counsel to defend your rights, reputation, and interests. Even if you never intended to commit a crime, the police may arrest you if they think you’ve collected other people’s personal information for unlawful purposes.

A Toronto identity theft lawyer from Posner Craig Stein LLP can offer the strategic advice and advocacy you need when facing serious criminal charges. Our team’s collaborative approach and dedication mean we leave no stone unturned in pursuing optimal results in your case. Our lawyers have over 85 years of combined experience across thousands of criminal cases in trial and appellate courts in Toronto, Ontario, and Canada. Contact us today for an initial case evaluation to learn how we can help you.

Under Section 402.2 of the Criminal Code , a person commits the offence of identity theft when they obtain or possess another person’s identity information with the intent to use it to commit an indictable offence that includes fraud, deceit, or falsehood as an element of the offence. A person also commits an identity theft offence by trafficking in identity information. This includes transmitting, distributing, selling, or offering for sale another individual’s identity or possessing another person’s identity information with the intent to distribute or sell it when the person knows or recklessly disregards the fact that another party will use the information to commit an indictable offence that includes fraud, deceit, or falsehood as an element of the offence, such as:

• Forgery of or uttering a forged passport
• Fraudulent use of a certificate of citizenship
• Impersonating a peace officer
• Perjury
• Credit card theft or forgery
• False pretences or statements
• Forgery
• Possession, use, or trafficking of a forged document
• Fraud
• Identity fraud

The Criminal Code defines “identity information” as any biological or physiological information commonly used alone or together with other information to identify an individual. Examples of identity information include fingerprints, voice prints, retinal images, iris images, DNA profiles, names, addresses, dates of birth, signatures, usernames, passwords, bank card numbers, financial institution account numbers, passport numbers, Social Insurance Numbers, health insurance numbers, or driver’s licence numbers. 

A person may face charges of identity theft by engaging in conduct such as:

• Collecting and recording people’s names, dates of birth, addresses, and Social Insurance Numbers with the intent to commit a fraudulent or deceitful indictable offence, such as forging identity documents or opening bank accounts in other people’s names
• Collecting individuals’ tax information through deceitful or fraudulent means and using that information to file tax returns in their name
• Possessing documents containing other people’s identity information, such as bank statements, credit cards, or driver’s licences
• Providing someone else’s name and identity documents to the police
• Purchasing another person’s identity information

Identity theft often leads to a person committing identity fraud, using a person’s identity information for some unlawful purpose. Under Section 403 of the Criminal Code , a person commits the offence of identity fraud by fraudulently impersonating another person, living or dead, with the intent to:

• Gain an advantage for themselves or another person
• Obtain property or an interest in property 
• Cause disadvantage to the impersonated person or another individual, or
• Avoid arrest or prosecution or obstruct, pervert, or defeat justice

A person who commits identity theft may face a conviction for an indictable offence, making them liable for imprisonment for a term of up to five years. A person who then goes on to commit identity fraud with stolen identity information may face conviction for an indictable offence, making them liable for imprisonment for a term of up to 10 years. 

Alternatively, a person may face a conviction for an offence punishable by summary conviction. When the Crown prosecution proceeds by summary conviction, an offender may face a maximum punishment of up to two years less one day of imprisonment, a fine of up to $5,000, or both a fine and imprisonment. 

The specific sentence imposed by a court for an identity theft conviction will depend on various factors in the case, including the effect of the offence on the victim(s), the expenses the victim(s) incurred to remedy the consequences of the identity theft, and the offender’s criminal history and individual circumstances. 

A person accused of committing identity theft may have various defences they can pursue, depending on the facts of the case. Defence strategies in identity theft cases begin with challenging the sufficiency of the prosecution’s evidence. The Crown must prove every element of the charged offence of identity theft beyond a reasonable doubt, including the identity of the offender, the date, time, and location of the incident, the fact that the offender possessed or obtained another person’s identity information and that they intended to use it to commit an indictable offence with an element of fraud, deceit or falsehood.

A person facing identity theft charges may argue that they did not obtain or possess another person’s identity information or did not intend to use that information to commit an indictable offence. For example, a person facing an identity theft charge may show that they had permission from a person to use their identity information for a lawful purpose. 

A person defending against identity theft charges may pursue other legal defences, such as arguing that they committed the offence under another party’s coercion or duress.

Many identity theft defence cases also focus on proving that the police and the Crown violated the charged individual’s rights under the Canadian Charter of Rights and Freedoms , which include:

• The right to be free from unreasonable search and seizure or arbitrary detention
• The right to be informed promptly of the basis for their arrest
• The right to obtain legal counsel without delay
• The right to a trial within a reasonable time

For example, when the police conduct an unreasonable or unlawful search and seizure of evidence that forms the basis for identity theft charges, the charged individual may ask the court to exclude that evidence from the trial. This can weaken the Crown’s case and make it more challenging or impossible for the prosecution to meet its burden of proof. 

In some cases, a person accused of committing identity theft may pursue an alternative disposition to the case, such as:

• Withdrawal of Charge – By highlighting weaknesses in the prosecution’s case early in the process, a defendant may convince Crown prosecutors to withdraw the charge because they do not have a reasonable likelihood of success at trial.
• Stay of Proceedings – Alternatively, challenging the strength of the prosecution’s evidence may convince the Crown to stay the proceedings; however, a stay allows the Crown to resume prosecution later. 
• Diversion – Also called direct accountability, a first-time offender may avoid conviction and a criminal record by completing a diversion program. This program can involve rehabilitative activities such as writing apology letters to victims, paying restitution, completing community service, and attending counselling services.

Having an experienced identity theft lawyer on your side when facing prosecution can provide significant benefits that make a difference in the outcome of your case. By hiring a defence lawyer, you’ll have an advocate to vigorously protect your rights during the police investigation and Crown prosecution.

An experienced lawyer can offer you tailored advice at each stage of the case to help you make informed decisions. Defence lawyers will also have extensive experience investigating identity theft cases and working relationships with expert witnesses who can help them build a compelling defence argument. Your lawyer will know what evidence and defences can build the strongest case strategy. A defence lawyer will promote fairness throughout your case and leave no stone unturned in seeking the best possible resolution to an identity theft charge. 

Following an identity theft arrest in Toronto, finding the right criminal defence lawyer can become one of the most important decisions you make in your case. During your initial consultation with prospective defence lawyers, the following tips can help guide you in your selection of legal counsel:

• Look for a lawyer with extensive experience handling identity theft cases
• Consider a prospective defence lawyer’s experience, legal specialty, credentials, and awards
• Ask questions about how the lawyer plans to handle your case and their working style, including how they will communicate with you about your case
• Avoid lying or withholding information about your charges; honest communication with your lawyer can get you the best advice
• After the Crown prosecution has charged or indicted you with identity theft and related offences in Toronto, you need informed advice to help you prepare and pursue a successful defence strategy. Contact Posner Craig Stein LLP today for an initial case review with an identity theft lawyer to discuss your options for resolving your charges.