Cybercrime and the Criminal Code

On this page

• Subsection 430(1.1) - Mischief in relation to computer data
• Section 342.1 - Unauthorized use of a computer
• Section 342.2 - Possession of a device used to obtain unauthorized use of computer system or to commit mischief
• Section 184 - Interception of communications
• Subsection 346(1) - Extortion
• Section 402.2 - Identity theft
• Section 403 - Identity fraud

Cybercrime is a broad term used to describe any crime committed using a computer or other digital technology. In Canada, we categorize cybercrimes into 2 overarching categories: technology - as - target and technology - as - instrument.

• When technology is the target, offenders may use computers or malicious software to steal personal data or disrupt online services
• When technology is the instrument, offenders may use the internet or other technologies to commit crimes like identity theft or fraud 

The Cyber Choices initiative focuses on technology-as-target offences, where tech is both the target of the crime and the tool used to commit it. The following examples illustrate illegal online activities under the Criminal Code of Canada.

Subsection 430(1.1) - Mischief in relation to computer data

This offence applies to a person who willfully:

• deletes, destroys or changes computer data
• interrupts or interferes with the lawful use of computer data
• prevents someone from lawfully accessing computer data

These examples fall under Section 430(1.1) of the Criminal Code

• Adam watches a friend enter their username and password. Later, Adam logs into his friend's account without their permission and deletes several messages
• While playing an online game, Sarah's friend consistently scores higher. Frustrated, Sarah uses a distributed-denial-of-service, or 'booter', tool to knock her friend offline

Section 342.1 - Unauthorized use of a computer

This offence applies to a person who fraudulently:

• gains access to a computer system without authorization
• uses a device to intercept (for example, listen or record) any function of a computer system
• uses a computer system with the intention of committing an offence
• provides someone with a password that allows them to commit a crime

These examples fall under Section 342.1 of the Criminal Code

• Jason is a knowledgeable coder who decides to hack into a phone company and reduce his monthly bill
• Sophie accesses a list of stolen passwords on the dark web and sells some of them to her friends, knowing that they ill be used to log into the victims' bank accounts
• Edouard sneaks into his manager's office and attaches a device to his manager's computer that records everything that his manager types into the computer

Section 342.2- Possession of a device used to obtain unauthorized use of computer system or to commit mischief

Example:

In his spare time, Andrew reprograms cell phones so that they can be more easily used to hack into other devices. He sells them to his tech savvy friends.

Section 184 - Interception of communications

Example:

Leah sets her phone to record audio and leaves it in a room with her friends without their knowledge. She later listens to their private conversation about her.

Subsection 346(1) - Extortion

Example:

Stephanie receives an intimate image from someone they chatted with online. Stephanie tells them they will share the image with their family and friends unless they transfer money to them.

Section 402.2 - Identity theft

Example:

Kevin takes his girlfriend's social insurance number card. He uses it to complete an online loan application, and receives a loan using his girlfriend's social insurance number and her date of birth.

Section 403 - Identity fraud

Example:

Amanda's father runs a small business. Pretending to be her father, Amanda uses a fake email account to email a client, requesting their payment be made to her bank account instead of her father's.

Note: these examples are intended to serve as learning tools and should not be taken as legal advice.