Cybercrime In Canada: How Criminal Law Handles Internet Offences
Cybercrime in Canada has become prevalent as everyone is becoming increasingly digitally connected. The internet has made it easier to move from traditional face-to-face interaction to the online world.
Canadian criminal law initially struggled to tackle crimes in the digital universe. As a result of this trend, Canada’s legal framework has been adapting to address crimes that involve technology, hacking, digital fraud and identity theft. Let’s discuss how cybercrime in Canada is being handled
What Is Cybercrime In Canada?
Cybercrime is a broad category of crime that involves the use of technology, especially the internet. This definition encompasses two categories of crime:
- A crime where technology is the target
- Crimes where technology such as a computer service is used to commit a criminal offence
Consulting a criminal lawyer Mississauga will help you understand these definitions from the criminal code aspect easily.
What Are The Common Cybercrimes In Canada?
Any offence in which digital technology is being used to target people is considered a cybercrime in Canada. The common examples include:
- Hacking
- Ransomware
- Malware
- Phishing
- Denial of Service
- Supply Chain Compromise
What Are The Common Reasons Behind Cybercrime In Canada?
Cybercrime laws in Canada have been developed to protect the common target groups. Digital technology is used in various ways for different reasons.
For example, 31% of Canadian youth say they’ve been a target of cyberbullying before. Criminals may target office workers or college-going teens for information, ransom, or other other reasons.
Other common reasons behind cybercrime in Canada include:
- Child Exploitation
- Identity theft
- Fraud
Cybercrime Laws In Canada: What Are The Criminal Code Offences For Online Crimes?
The government has implemented various cybercrime laws in Canada to reduce the crime rate. Let’s look at specific criminal code sections to help you understand better:
Cyberbullying
Cyberbullying is a form of harassment or bullying that takes place over digital platforms, such as social media, texting, or emails. It includes spreading malicious rumours, threats, or private information with the intent to harm or distress someone.
Although cyberbullying itself is not a Criminal Code offence, depending on the circumstances the following Criminal Code charges may apply:
1. Criminal Harassment (Section 264)
Repeatedly contacting another person in a way that causes them to fear physical harm or experience emotional distress is covered by criminal harassment laws. This can include threats, unwanted messages, and stalking behaviour.
2. Uttering Threats (Section 264.1)
Threatening to cause death or bodily harm, or damage/destroy property using a computer service or other digital technology.
3. Extortion (Section 346)
Acquiring money or property by threatening harm to the victim or their property. This involves coercion, where the victim is forced to meet demands out of fear of violence or damage to their reputation. The threats may be sent over social media messages, email services, or other forms of online text.
4. Counselling Suicide (Section 241)
The act of counselling someone to commit suicide or assisting them using online services may also come under cyberbullying.
5. Intimidation (Section 423.1)
Preventing someone through violence or threats from doing something they lawfully have the right to do. For example, cybercriminals often use encrypted videos to blackmail and threaten people. Such an indictable offence has 14 years maximum punishment for cybercrime in Canada.
6. Incitement of Hatred (Section 319)
Making online statements using social media or the dark web to incite hate towards an identifiable group of people comes under section 319.
Sharing of Intimate Images Without Consent (Section 162.1)
Anyone who publishes, distributes, transmits, sells, makes available or advertises intimate images of an individual without the consent of the individual in the image is guilty of this offence. If the images are shared online such as on the dark web, the offence will turn into a cybercrime in Canada.
1. Fraud (Section 380)
Any person who uses deceit, falsehood, or other dishonest methods to trick the public or any person out of property, money, valuable items, or services. A phishing scam is a common cybercrime in Canada that is used for fraud and can be charged under section 380.
2. Identity Theft (Section 402.2)
Anyone who obtains or has someone else’s identity information with the intent to use it for committing a crime involving fraud, deceit, or falsehood. Cybercrime laws in Canada alter this statement by stating digital services as the method of obtaining information.
For example, if someone steals your credentials by hacking your computer where your digital ID card is stored, they can be charged with identity theft by cybercrime in Canada.
3. Identity Fraud (Section 403)
It is a criminal offence for anyone to impersonate someone else and use their identity to:
- Gain financial advantage
- Obtain property
- Cause disadvantage to the person being impersonated or someone else
- Avoid arrest
4. Child Exploitation and Distribution of Child Pornography (Sections 163.1-163.2)
The cybercrime laws in Canada are particularly strict about online child exploitation. As per the Canadian Criminal Code distribution, possession, or production of child pornography is an indictable offence.
With the proliferation of social media and online platforms, these offences are becoming more widespread, and Canadian law has adapted to pursue individuals engaged in such activities, including targeting offenders who distribute explicit content online.
How Can I Protect Myself From Cybercrime In Canada?
Take the following active measures to prevent yourself from becoming a target of cybercrime in Canada:
- Use strong, unique passwords for your online accounts
- Never share personal information unless it is on a secure and trusted website
- Keep your software, antivirus, and operating systems updated
- Be cautious of suspicious emails or links (phishing)
- Contact your local police as soon as possible if you believe you have been victimized by cybercrime
- Contact your bank or credit card company if financial information is involved
FAQs
Who Investigates Cyber Crime In Canada?
Cybercrime in Canada is investigated by the Royal Canadian Mounted Police. They conduct the investigation through their Policing Cybercrime Program and National Coordination Center.
What Are The Worst Cyber Crimes?
The worst cyber crimes in Canada are ransomware and malware attacks because they lead to significant financial and data loss.
What Is The Punishment For Cybercrime In Canada?
A punishment for cybercrime in Canada varies dramatically depending on the offence. It may include a criminal record, fines, or house arrest.
Serious crimes like distribution of intimate images without consent or identity theft can result in imprisonment as the punishment for cybercrime in Canada.
How Can I Report Cybercrime In Canada?
Cybercrime in Canada can be reported to the Canadian Anti-Fraud Centre (CAFC), your local police, or through the Cybercrime Reporting Portal offered by various law enforcement agencies in Canada.
Contact Virk Barristers Today For Understanding Cybercrime Laws In Canada!
As the internet continues to evolve, so does the threat of cybercrimes. Canadian criminal law is adapting to address these threats, offering new tools and strategies to combat digital offences.
It’s crucial for individuals and businesses to be aware of these risks, practice strong online security measures, and understand the legal protections available should they fall victim to cybercrime.
If you or someone you know has been charged with a cybercrime in Canada, consulting with a criminal lawyer Mississauga who is well-versed in technology-related offences is essential. Our team at Virk Barristers is ready to assist you, give us a call today at 416-873-4624 to set up a free consultation.
Author Profile
- Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.
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