Government Of Canada Introduces Legislation To Tackle Identity Theft

November 21, 2007

Ottawa, Ontario - Minister of Justice and Attorney General of Canada, the Honourable Rob Nicholson, has introduced legislation to help combat identity theft, which has been identified as a fast-growing problem throughout North America.

“This Government is following through on its commitment to give police the tools they need to better protect Canadians by stopping identity theft activity before the damage is done,” said Minister Nicholson. “I have tabled legislation that will make it an offence to obtain, possess or traffic in other people’s identity information if it is to be used to commit a crime.”

The misuse of another person’s identity information, generally referred to as identity fraud, is covered by current offences in the Criminal Code, such as personation and forgery. But the preparatory steps of collecting, possessing and trafficking in identity information are generally not captured by existing offences. The proposed legislation would create three new offences directly targeting aspects of the identity theft problem, all subject to five-year maximum sentences:

• obtaining or possessing identity information with intent to use it to commit certain crimes;
• trafficking in identity information with knowledge of or recklessness as to its intended use in the commission of certain crime; and
• unlawfully possessing and trafficking in government-issued identity documents.
  

Additional Criminal Code amendments would create new offences of fraudulently redirecting or causing redirection of a person’s mail, possessing a counterfeit Canada Post mail key and possessing instruments for copying credit card information, in addition to the existing offence of possessing instruments for forging credit cards.

Moreover, a new power would also be added permitting the court to order, as part of a sentence, that an offender be required to pay restitution to a victim of identity theft or identity fraud where the victim has incurred expenses related to rehabilitating their identity, such as the cost of
replacement cards and documents and costs in relation to correcting their credit history.

“Our Government understands that new and rapidly evolving technologies have made identity theft a widespread criminal activity that often involves organized crime,” added Minister Nicholson. “This is an issue that is harming Canada’s families, seniors and businesses. We are
therefore taking action to tackle this serious problem.”

This legislative proposal is one in a new series of tackling community crime bills the Government of Canada will be introducing in this new session of Parliament. This series is in addition to the comprehensive Tackling Violent Crime Act that aims to better protect youth from sexual predators, protect society from dangerous offenders, get serious with drug impaired drivers and toughen sentencing and bail for those who commit serious gun crimes.

Local MP Randy Kamp was pleased that the government was following through on another campaign promise.

“The issue of identity theft is definitely a concern for my constituents, especially seniors I speak to,” said Kamp. “There are a number of unsavoury characters out there who will use any means necessary to rip off the identity of law abiding citizens and we’re taking the necessary steps to protect Canadians with this bill.”

In addition to its plan to protect Canadians against identity theft, the Government of Canada has:

• introduced a National Anti-Drug Strategy, including legislation that would provide mandatory jail time for serious drug crimes;
• tabled legislation to strengthen the Youth Criminal Justice Act; and announced a comprehensive review of this Act in 2008;
• invested in crime prevention community projects across Canada that target youth;
• passed legislation to increase penalties for those convicted of street racing; and
• passed legislation to end conditional sentences for serious crimes such as personal injury offences.
  

An online version of the legislation is available at www.parl.gc.ca.