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In calgary,Ab Canada. But my case is under investogation and…

Customer Question
In calgary,Ab Canada Lawyer's...

In calgary,Ab Canada

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes. But my case is under investogation and they said that there is nothing but wait to eithed get charge or nothing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes my exroomate is acusing me of impersonating .e Her And they have a recording as proof

Submitted: 8 months ago.Category: Canada Law
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Customer reply replied 8 months ago
A voice recording as proof. However for that particular bill she was maming payments and so was i to her in cash and she would then pay for it
Answered in 2 hours by:
11/13/2017
Lawyer: CaptanLaw, Lawyer replied 8 months ago
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 288
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Hello

I'm a criminal lawyer and can try and assist you. What is your specific question about your situation?

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Customer reply replied 8 months ago
Can a person be charge with identity theft or impersonating someone based on a phone recording only? Even though the person knew about this and sbe was maming payments toward a bill?
Customer reply replied 8 months ago
Made a payment towards that bill?
Lawyer: CaptanLaw, Lawyer replied 8 months ago

We are not permitted to provide specific legal advice, but what I can tell you is the following:

- Identity theft and fraud offences found in the Criminal Code of Canada generally requires the accused person to use the other person's identity in a deceitful manner, for a purpose that benefits him/herself. For example, "Identity Fraud" is defined as follows:

"403. (1) Everyone commits an offence who fraudulently personates another person, living or dead,
(a) with intent to gain advantage for themselves or another person;
(b) with intent to obtain any property or an interest in any property;
(c) with intent to cause disadvantage to the person being personated or another person; or
(d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice."

- The police must form "reasonable and probable" grounds in order for a criminal charge to be laid. Reasonable and probable grounds is not a very high standard, compared to the standard of proof that exists in the criminal court process. For example, even if the police decide that they have reasonable grounds to believe an offence took place, that does not necessarily mean that the Crown Attorney (once they pick up the case after charges are laid) will decide that they have a reasonable chance at proving the offence "beyond a reasonable doubt", which is the standard of proof at a criminal trial (a significantly higher burden). In other words, the police must assess (a) the phone recording and (b) the potential offences they can lay in the circumstances (if any), and decide whether that evidence (ie the recording) constitutes reasonable grounds. The police, in laying charges, sometimes "get it wrong", and lay criminal charges despite not having sufficient evidence. This is because they are afforded with a great amount of discretion in completing the tasks required for their job, including laying charges.

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