Identity Crime Homepage

Generally speaking it is NOT against the law to use a false name. In fact, there are many legitimate reasons why a person may want to use a false name, especially in the digital age.   However, there are legal limits placed on the use of an alias. The Criminal Code creates 5 sections that limit the use of false ID.  These sections are:

1. Identity Theft – Section 402.2(1)
2. Trafficking in Identity Information – Section 402.2(2)
3. Identity Fraud – Section 403 (Formerly Personation)
4. Obstruct Peace Officer – Section 129
5. Possession of Identity Documents – Section 56.1

• Identity Theft – Section 402.2(1)
  • When the Accused uses or intends to use another’s “identity information” to commit fraud. In many cases this would charge would be added to fraud charge as the accused has aggravated the situation by pretending to be someone else. This has the potential to damage the innocent parties credit rating and cause them other problems

• Trafficking in Identity Information – Section 402.2(2)

  • When the accused traffics in “identity information” belonging to another person.
• Identity Fraud – Section 403 (Formerly Personation)
• • When the accused pretends to be someone else to…
    • Gain an advantage
    • Fraudulently obtain property
    • Cause disadvantage to another
    • Avoid arrest or obstruct justice
• Obstruct Peace Officer – Section 129
  • There are many ways to obstruct a police. Using a false name is one way.  Consider using Section 403 for arrested parties who provide a false name as the penalty is higher for 403 v. 129
• Possession of Identity Documents – Section 56.1
  • When the accused possesses another person’s “identity documents” without lawful excuse

Related Links:

Statutory wording:

• Section 402.2(1) – Identity Theft
• Section 402.2(2) – Trafficking in Identity Information
• Section 403 – Identity Fraud – (Formerly Personation)
• Section 129 – Obstruct Peace Officer
• Section 56.1 – Possession of Identity Documents

Elements of:

• Identity Theft – Section 402.2(1)
• Trafficking in Identity Information – Section 402.2(2)
• Identity Fraud – Section 403 (Formerly Personation)
• Obstruct Peace Officer – Section 129
• Possession of Identity Documents – Section 56.1

Key Definitions

• “Identity Information”
• “Identity Document”

Legal Issues

• Legal Presumptions