Responding to Victims of Identity Crime: A Manual for Law Enforcement Agents, Prosecutors and Policy-Makers

This Manual is designed to assist Canadian law enforcement, prosecutors and policy-makers respond effectively to victims of identity related crime, with a view to reducing the impact and incidence of such crime. The Manual includes seven modules and several printable appendices for use by police officers and investigators in their daily operations. This project was made possible by the funding and support received from Public Safety Canada, the Law Foundation of British Columbia, the United Nations Office on Drugs and Crime, and the International Centre for Criminal Law Reform and Criminal Justice Policy. You can view the entire publication, or individual modules and appendices.

Economic fraud and identity related crime is an ongoing priority for Canada and the United Nations Office on Drugs and Crime (UNODC). ICCLR will continue to support, where possible, activities related to advancing this programme. The most recent ICCLR activities addressing the issue of Economic Fraud and Identity Related Crime include:

• Prepared and presented a paper on Identity-Related Crime Victim Issues that focused on the range and typology of identity-related crime victims; relevant legal rights, and an inventory of best practices for victim remediation. The paper was presented to the UNODC Core Group of Experts on Identity Related Crime, and also circulated as a Conference Room Paper at the UN Crime Commission meeting in April 2009.

• Organized an ancillary meeting on Prevention of Economic Fraud and Identity-related Crime. The meeting was organized by ICCLR in cooperation with UNODC/Corruption and Economic Crime Section, and co-sponsored by the National Institute of Justice of the United States. The meeting was held on Monday April 20, 2009 at the 18th Session of the UN Commission on Crime Prevention and Criminal Justice.

• Organized a symposium, National and International Perspectives on Identity Theft and Fraud, on June 20, 2008, in Vancouver, British Columbia, Canada. The Symposium was designed to support the discussions and awareness raising efforts of the recently introduced Government of Canada Bill C-27 to amend the Criminal Code to address identity theft and fraud, as well as the ongoing work of experts based on UN Economic and Social Council Resolution 2004/26 of 21 July 2004.

BACKGROUND

CANADA INTRODUCES NEW LEGISLATION

PRESS RELEASE FROM MINISTER OF JUSTICE CANADA:

TOUGHER LAWS TARGETING IDENTITY THEFT COME INTO FORCE

OTTAWA, January 8, 2010 — The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today welcomed the coming into force of Bill S-4. This legislation will provide police and justice officials with important new tools in the fight against identity theft, a fast-growing crime throughout North America.

"Our Government believes Canadians are entitled to have their identities and other valuable information protected to the highest degree possible," said Minister Nicholson. "Beginning today, they will have greater protection against identity theft and police will be better equipped to stop these crimes before they are committed."

The act creates three new "core" Criminal Code offences targeting the early stages of identity-related crime, all subject to 5-year maximum prison sentences:

• Obtaining and possessing identity information with the intent to use the information deceptively, dishonestly, or fraudulently in the commission of a crime;
• Trafficking in identity information, an offence that targets those who transfer or sell information to another person with knowledge of, or recklessness as to, the possible criminal use of the information; and,
• Unlawfully possessing or trafficking in government-issued identity documents that contain information of another person.

A new power also permits the courts to order, as part of a sentence, that an offender be required to pay restitution to a victim of identity theft or identity fraud for costs associated with their efforts to rehabilitate their identity (e.g., the cost of replacement cards, documents and correcting their credit history). This provision complements existing provisions which permit restitution to be ordered for actual economic or other property losses.

Press release and background information:

http://canada.justice.gc.ca/eng/news-nouv/nr-cp/2010/doc_32470.html
http://canada.justice.gc.ca/eng/news-nouv/nr-cp/2010/doc_32471.html