Our practice areas

Identity theft and cyber-fraud offences in Canada are prosecuted primarily under the Criminal Code of Canada, with related investigations often involving banking, telecommunications, and internet-service providers.

These offences involve the unauthorized use of personal or financial information for a dishonest purpose, often through online platforms, email, or digital networks. A conviction can result in:

• A permanent criminal record
• Jail time
• Substantial fines and restitution orders
• Severe employment and professional-licensing consequences
• International travel restrictions, particularly to the United States

Because digital evidence is complex and fast-moving, early legal intervention is critical.

What Counts as Identity Theft or Cyber-Fraud?

Identity-based offences occur when someone is alleged to have:

• Obtained or possessed another person’s identifying information dishonestly
• Used that information to commit fraud, theft, or other offences
• Trafficked or sold personal data for a criminal purpose

“Identity information” can include:

• Names, dates of birth, and addresses
• Driver’s licence or passport numbers
• Credit-card or banking information
• Login credentials, passwords, and authentication codes

Cyber-fraud includes fraud committed through:

• Online marketplaces
• Email scams and phishing
• E-transfer and online-banking schemes
• Social-media and cryptocurrency platforms

Common Identity Theft & Cyber-Fraud Offences

Charges frequently laid in digital fraud investigations include:

• Identity Theft
  Obtaining or possessing another person’s identity information for a dishonest or criminal purpose.
• Identity Fraud
  Actually using another person’s identity information to commit a crime.
• Fraud Under or Over $5,000
  Digital transactions, e-transfers, online purchases, or account manipulation.
• Unauthorized Use of Credit Card Data
• Unauthorized Use of a Computer
• Possession of Property Obtained by Crime
  Money, cryptocurrency, or goods alleged to be the proceeds of cyber-fraud.
• Forgery and Use of Forged Digital Documents

Cyber-fraud charges are frequently accompanied by search-warrant and production-order litigation involving phones, computers, bank records, and cloud storage.

Penalties and Sentencing

Penalties depend on the value of the alleged fraud, the number of victims, and whether identity misuse is involved:

• Identity Theft / Identity Fraud:
  • Hybrid offences
  • Up to 10 years in prison by indictment
• Fraud Under $5,000:
  • Up to 2 years less a day in jail
• Fraud Over $5,000:
  • Maximum: 14 years in prison

In addition to imprisonment, courts frequently impose:

• Restitution orders
• Substantial fines
• Probation with internet-use restrictions
• Financial-employment prohibitions

Where large-scale online schemes or multiple victims are alleged, penitentiary-level sentences are a real risk.

Life Consequences of a Cyber-Crime Conviction

Beyond jail, digital-crime convictions often result in:

• Permanent loss of financial-sector employment
• Difficulty working in IT, security, healthcare, or government
• Professional-licensing discipline
• Immigration consequences for non-citizens
• Long-term damage to reputation and credit
• International border restrictions

For many accused persons, the financial and reputational damage is as severe as the criminal penalty itself.

How Cyber-Fraud Investigations Work

Police cyber-crime investigations often involve:

• Long-term digital surveillance
• Undercover online operations
• Search warrants for phones, computers, and cloud accounts
• Production orders for banking and platform records
• Cooperation with:
  • Financial institutions
  • Internet-service providers
  • Technology platforms

These investigations are document-heavy and technically complex, making experienced legal analysis essential.

Defending Identity Theft & Cyber-Fraud Charges

Strong cyber-crime defences often focus on:

• Whether the accused actually controlled the account, device, or IP address
• Whether identity information was used without consent by a third party
• Weaknesses in digital attribution and tracing
• Errors in forensic digital analysis
• Unlawful search and seizure of electronic devices (Charter s. 8)
• Whether intent to defraud can actually be proven
• Overbreadth in production orders and warrants

At KJR, we conduct a forensic-level review of every cyber-fraud case, including:

• Full digital-forensic disclosure analysis
• Charter challenges to electronic searches
• Financial-record and e-transfer tracing review
• Expert consultation where required

Many cyber-fraud cases resolve through Charter litigation, proof-of-intent failures, or negotiated resolutions.