Canadian Criminal Law/Offences/Identity Theft

Proof of the Offence
Sections 402.2 and 403 outline three offences.

In addition to the essential elements of time, location, and identity, the crown should prove the following for each offence:

Identity Theft
 * 1) the accused obtained or possessed another persons' identity information
 * 2) the accused intended to use the information to to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

Trafficking in Identity Information or
 * 1) the accused did at least one of the prohibited acts of:
 * 2) transmitting;
 * 3) making available;
 * 4) distributing;
 * 5) selling; or
 * 6) offering
 * 7) the subject matter is another persons' identity information
 * 1) possesses another persons' identity information for the purpose of committing at least one of the prohibited acts above
 * 2) the accused knew or was reckless as to whether it would be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

Identity Fraud
 * 1) the accused personated another person
 * 2) the person was either living or dead
 * 3) the personation was in a fraudulent manner
 * 4) the personation was with the intent to do any of the following:
 * 5) to gain advantage for themselves or another person;
 * 6) to obtain any property or an interest in any property;
 * 7) to cause disadvantage to the person being personated or another person; or
 * 8) to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.