Internet Related Charges

The widespread use of the internet in our society has expanded the types of offences people can face under this category. From “cyber-bullying” to criminal harassment to possession or transmission of child sexual abuse material, crimes involving the investigation or use of the internet can turn simple matters into extremely complex cases involving Charter litigation and privacy laws.

Internet Related Charges

Criminal cases increasingly involve a connection to the Internet. “Cybercrime” is a quickly evolving and highly complex area of criminal law.

The RCMP has generally interpreted this area of law as any crime “where the Internet and information technologies, such as computers, tablets, personal digital assistants or mobile devices – has a significant role in the commission of a criminal offence.”

Furthermore, the RCMP has identified two basic categories of Cybercrime:

  1. Technology-as-target: Criminal offences targeting computers and other information technologies, such as those involving the unauthorized use of computers or mischief in relation to data; and
  2. Technology-as-instrument: Criminal offences where the Internet and information technologies are instrumental in the commission of a crime, such as those involving fraud, identity theft, intellectual property infringements, copyright offences, money laundering, drug trafficking, human trafficking, organized crime activities, child sexual exploitation, or cyberbullying.

While the Internet is a rich source of evidence for investigative authorities, it is also a critical resource for a defence lawyer. Social media sites, email and hard drive examination can often establish someone’s innocence as much as they can establish another person’s guilt. This applies equally to cell phones and smartphone technology.

Hundal Law Firm provides legal representation to individuals facing Internet-related charges. If you are facing Internet-related charges or have a case involving computer, cell phone or digital evidence, our lawyer can assist you in understanding your legal options and defending your rights.

Criminal law is not simply a vocation for us. It is our passion. Fighting for justice is in our DNA. Hundal Law Firm is committed to providing focused criminal defence representation and protecting the rights of individuals facing criminal allegations involving technology and digital evidence.

If you have been charged with a cybercrime, please call (416) 888-0592 for a consultation.

Frequently Asked Questions

The following is a list of offences under the Criminal Code that a person who engages in cyberbullying could potentially be charged with. What charge(s) are laid depends on the conduct of the individual:

  • Counselling suicide
  • Criminal harassment
  • Defamatory libel
  • Extortion
  • Identity theft
  • Intimidation
  • Mischief in relation to data
  • Public incitement of hatred
  • Sharing intimate images without consent
  • Unauthorized use of computer
  • Uttering threats

Hacking is a term commonly used to describe obtaining unauthorized access to a computer. Under the Criminal Code, it is an offence to fraudulently obtain, access, use, control, interfere with, or intercept computer data or functions. The sections of the Criminal Code that deal with these types of offences include:

  • Mischief in Relation to Data – section 430(1.1)
  • Interception – section 184(1)
  • Unauthorized Use of Computer – section 342.1(1)
  • Fraud – section 380
  • Identity Theft/Identity Fraud

The “Dark Web” gives users anonymous and encrypted access to hidden and potentially illegal content online. Simply accessing the Dark Web itself is not illegal. However, using the Dark Web to engage in illegal activity can constitute a criminal offence.

The Dark Web has become an area of increasing concern for law enforcement. IP addresses and other identifying information associated with Dark Web activity can present challenges for police investigations. That being said, police may use various investigative techniques to monitor or investigate Dark Web activity.

Accessing the Dark Web alone is not a crime. However, engaging in illegal activity or producing illegal content on the Dark Web can constitute a criminal offence. Some examples of Criminal Code offences that may result from illegal Dark Web activity include:

  • Hacking, which can include mischief in relation to data, interception, and unauthorized use of a computer;
  • Trafficking firearms;
  • Accessing, creating, or distributing child sexual abuse material;
  • Human trafficking; and
  • Piracy.

If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.

While the Internet is a rich source of evidence for investigative authorities, it is also a critical resource for a defence lawyer. Social media sites, email and hard drive examination can often establish someone’s innocence as much as they can establish another person’s guilt. This applies equally to cell phones and smartphone technology.

Internet-related offences can have serious penalties. Depending on the offence, the circumstances, and how the Crown elects to proceed, the applicable maximum punishment can range from imprisonment for a limited term to life imprisonment.

The widespread use of the internet in our society has expanded the types of offences people can face under this category. From cyberbullying to criminal harassment to possession or transmission of child sexual abuse material, crimes involving the investigation or use of the internet can turn simple matters into extremely complex cases involving Charter litigation and privacy laws.

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