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By LegalMatters Staff • There have been more than 150,000 reports of fraud in Canada with at least $600 million stolen since January 2021, according to the National Cyber Crime Assessment 2023-2024 published by the Canadian Anti-Fraud Centre.
Those crimes start with perpetrators hacking into a network to gather user information, steal data or disrupt regular online activities.
“Hackers are becoming increasingly sophisticated, using stealthy attack methods to go unnoticed by cybersecurity software and IT teams,” says Ottawa criminal lawyer Céline Dostaler. “As a result, cybercrime has become a global multibillion-dollar industry.”
She says while the term “hacker” is not mentioned in the Criminal Code, various sections address the crime.
“The charge of unauthorized use of a computer may be laid if someone illegally intercepts computer messages or uses a computer system to commit an offence,” she says. “The maximum penalty is 10 years in prison.”
A news report notes that fraud and online scams remain the most common forms of cybercrime in Canada, with residents reporting more than 70,000 instances of fraud [in 2022], linked to more than $530 million allegedly stolen from companies and individuals.
“If the value of the fraud exceeds $5,000, the maximum penalty is a 14-year prison term,” says Dostaler. “A two-year maximum penalty can be imposed for frauds under $5,000.”
She says a variety of defences are available to those charged with a hacking-related crime.
“One option is to challenge the evidence,” says Dostaler. “Electronic evidence in cybercrime cases can be complex and difficult to interpret and I may be able to show the court that it has not been firmly established who is responsible.”
