OFFENCE ELEMENTS - IDENTITY FRAUD
s 403 (1) Everyone commits an offence who fraudulently personates another person, living or dead,
(a) with intent to gain advantage for themselves or another person;
(b) with intent to obtain any property or an interest in any property;
(c) with intent to cause disadvantage to the person being personated or another person; or
(d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.
Clarification
(2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.
Punishment
(3) Everyone who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) is guilty of an offence punishable on summary conviction.
SELECTED CASE LAW
TABLE OF CONTENTS:
ALBERTA:
2014 ABCA 221
2013 ABPC 116
BRITISH COLUMBIA:
2007 BCPC 257
MANITOBA:
2015 MBPC 50
NEW BRUNSWICK:
2001 NBBR 242 (NBQB)
ONTARIO:
2016 ONSC 5707
QUEBEC:
2016 QCCQ 6803