1

I'm looking for some information regarding jurisdiction in cybercrime cases in Canada (just educational purposes)

Assuming someone gained unauthorized access to my personal accounts (such as online-banking, in Toronto).

Where could I file the lawsuit? I only could find some basic information like "where the harm is done". Does this apply to Toronto, Ontario or Canada in general?

|improve this question
  • Are assuming you know who the someone is? You need to have someone to sue, so it is moot if you have no person or organization who hacked or leaked your information. – gracey209 Sep 21 '15 at 23:18
  • I'm assuming I have someone to sue – Christian Sep 21 '15 at 23:35
  • If it's a cybercrime, you report it to the RCMP cybercrime division. You're jumping the gun with the whole lawsuit thing. Besides, no insult meant to Americans, but in Canada, we don't get to sue people for 9 million dollars for giving us a bad hair cut. Unless they caused you actual damages that you have a bill for that needs to be paid, you're gonna have a hard time convincing anyone that you need money for what happened. Being that it is a crime, the person will go to jail and lose their freedom, that's the only recompense for the simple "damage" of being a victim. – user900 Sep 22 '15 at 22:47
2

Whether the Internet and e-commerce in general are matters of federal or provincial jurisdiction has not been conclusively decided in Canada. That said statutory interpretation and government practice both suggest that its most likely federal.

Section 92(10) of the Constitution Act (1867) grants the federal Parliament exclusive jurisdiction over interprovincial works and undertakings related to transportation or communication. This has provided an interpretive basis for the extension of federal jurisdiction over telecommunications and television and radio broadcasting. The nature of the Internet as an interprovincial and international communications system posits a strong argument in favour of federal jurisdiction over related works and undertakings - notwithstanding the possibility that Internet telephony and Web broadcasting, for example, may also fall under traditional federal regulatory scrutiny. Federal jurisdiction could in theory extend to matters relating to the management and operation of Internet works and undertakings, or to Internet content.

See; http://www.kentlaw.edu/cyberlaw/docs/rfc/canadaview.html

|improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.