Identity Fraud And Identity Theft Lawyer In Winnipeg

Identity theft and identity fraud are distinct but closely related crimes. Identity theft involves unlawfully acquiring another person’s personal information, such as their Social Insurance Numbers or credit card details. Identity fraud, on the other hand, occurs when this stolen information is used for fraudulent purposes, like making unauthorized purchases or accessing financial accounts.

With the rise of technology, these crimes have become more sophisticated, often involving methods such as phishing and hacking. Convictions can carry severe legal consequences, including imprisonment and significant financial damage. Given the complexity of these charges, having experienced legal representation in Winnipeg is crucial to navigating the legal process effectively.

At Wiebe Criminal Defence, our team is committed to providing a strong defence for clients facing identity theft and fraud charges. We strive to achieve the best possible outcome based on the particulars of each case.

Under section 402.2(1) of the Criminal Code of Canada, identity theft is defined as the act of obtaining or possessing someone else’s identity information with the intent to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence. Identity information includes personal details like fingerprints, Social Insurance Numbers, passwords, and government-issued identification.

It’s important to note that merely possessing someone else’s identity information isn’t automatically illegal. Possessing this information becomes illegal when linked to criminal intent, specifically with the aim of using it to commit fraudulent acts. Identity theft is a serious offence because it often leads to further crimes, such as financial fraud or impersonation, which can cause significant harm to victims.

Under section 403 of the Criminal Code of Canada, identity fraud, also known as personation, occurs when someone fraudulently impersonates another individual, whether living or deceased. The key intentions behind identity fraud include: 

• gaining an advantage for oneself or others; 
• obtaining property or an interest in property; 
• causing harm or disadvantage to the impersonated person: or 
• avoiding arrest and prosecution.

Personation involves pretending to be another person or using their identity information, such as Social Insurance Numbers or other personal identifiers, to falsely claim that identity. This offence is treated seriously due to the potential harm it can cause, particularly in cases involving financial or legal consequences for the victim.

Trafficking in identity information is a separate offence under section 402.2(2) of the Criminal Code. This crime involves sharing or possessing someone else’s identity information with the knowledge or recklessness that it will be used to commit an indictable offence involving fraud, deceit, or falsehood.

This includes actions like transmitting, distributing, selling, or offering identity information for sale, as well as possessing it for these purposes.. Trafficking is considered a serious offence because it facilitates further crimes, such as financial fraud, leading to significant harm to individuals and society. Penalties for this offence reflect its severity and the potential damage caused.

For an identity theft conviction in Winnipeg, the prosecution must prove two key elements:

1. Possession of Identity Information: The accused must have knowingly obtained or possessed another person’s identity information, such as fingerprints, Social Insurance Numbers, or credit card details. This information is considered identity data under section 402.1 of the Criminal Code.
2. Intent to Commit an Indictable Offence: The prosecution must demonstrate that the accused intended to use the identity information for a criminal purpose, such as fraud or deceit as an element of the offence, as defined in section 402.2(3). Mere possession of identity information is not enough; the Crown must establish that the accused had the intent to commit a crime.

Identity theft charges are often paired with fraud-related offences, and using someone else’s identity to commit significant financial harm can lead to more severe penalties. TProvingboth possession and intent misparticularly challenging.

Factual innocence is a defence that challenges the prosecution’s ability to prove the accused’s involvement in the crime beyond a reasonable doubt. The Crown must establish that the accused possessed identity information and intended to use it for criminal purposes. 

Defences may include mistaken identity, where the accused was not the individual involved, or presenting an alibi showing they were elsewhere at the time of the offence. Additionally, the defence may argue that the accused never possessed the identity information in question, further weakening the prosecution’s case.

Lack of intent is a key defence in identity fraud and theft cases, as intent is crucial for a conviction. The prosecution must prove that the accused intended to use the identity information for fraudulent purposes. The defence can argue that the accused possessed the information for lawful reasons, such as with permission for employment verification, acting as someone’s legal representative, or unknowingly came into possession of it, like finding a lost wallet.. 

Successfully demonstrating a lack of intent can significantly weaken the prosecution’s case. If the defence is successful, the accused may be acquitted of the charges, or the charges may be reduced to a lesser offence, resulting in a more favorable outcome.

Insufficient evidence as a defence asserts that the prosecution hasn’t met its burden of proof beyond a reasonable doubt. The Crown must provide strong, direct evidence that the accused possessed identity information and intended to use it for criminal purposes. 

If the evidence is weak, circumstantial, or fails to clearly link the accused to the crime, the defence can argue that the case lacks the necessary proof. This lack of concrete evidence can lead to an acquittal or dismissal of the charges.

Illegal search and seizure is a defence that focuses on how the evidence was obtained. Under Canadian law, if law enforcement violates the accused’s Charter rights by conducting a search or seizure without proper authority, such as without a valid warrant, any evidence gathered may be excluded from the trial. A successful Charter challenge can significantly weaken the prosecution’s case, and if the excluded evidence is central to the charges, it may result in a stay of proceedings or acquittal

Challenging the definition of identity information is a defence that questions whether the data in question qualifies as “identity information” under the Criminal Code. Identity information includes personal identifiers like Social Insurance Numbers, fingerprints, or government-issued identity documents. The defence can argue that the information the accused possessed does not meet this legal definition. If the prosecution cannot prove that the data qualifies as identity information.