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January 2010
Victim of Identity Theft?
WHAT THE LAW HAS TO SAY
As you might suspect, stealing someone’s identity to get something that you don’t have a right to or that you would normally have to pay for is illegal. In fact, it is a criminal offence that can lead to prison time and a criminal record.
The law was recently changed to tackle identity theft more effectively. The law now criminalizes not only the fraudulent use of stolen personal information, but also possession, transferring and selling of this information. For instance, it is now illegal to possess, without valid reason, government-issued personal identification documents (e.g., passport, driver’s license, birth certificate) of another person. These new measures are aimed at stopping identity thieves before they strike.
WHAT CAN YOU DO IF YOU ARE THE VICTIM OF IDENTITY THEFT?
Here is some advice to follow if you, like Pierre, think someone has stolen your identity:
- Limit the damage: advise your bank as soon as possible (in writing) that you have been the victim of identity theft. Replace all your government-issued documents.
- File a police report and keep a copy. Generally speaking, you are not responsible for debts or contracts to which you did not give your consent. Having a police report documenting your claim of identity theft will be helpful in erasing any debts the thief racked up in your name.
- Contact credit agencies to ensure your credit report is corrected (Equifax Canada and TransUnion).
- Advise Canada Post of the situation to make sure your mail is not being intercepted.
- If the thief cleared out your bank accounts and the bank refuses to compensate you, you should check your contract with the bank to determine your rights. Don’t hesitate to speak to a bank supervisor, the bank’s ombudsman or a lawyer, if necessary.
- Keep track of all the steps you take and save all relevant documents. The documents could be useful if a dispute arises with businesses that claim you owe them money.
As a general rule, victims of identity theft have the right to take their own
civil legal action against the thief to obtain compensation. However, in practice, it is often difficult to identify the thief, particularly when the identity theft occurred over the Internet.
That said, if the police catch the thief and he’s found guilty in a
criminal trial, the judge can order him to compensate you for money you spent restoring your identity (for example, the cost of replacing your cards).
