canada fraud securities
Is it illegal to impersonate a Provincial Securities Commission agent in Canada?
<p>I had a situation were an old co-worker tried to stir up some trouble by impersonating an Alberta Securities Commission (ASC) agent. We have evidence that he did this, but nobody really seems to care. The ASC isn't even interested. Is there any course of action for us? Is this even a crime?</p>

<p>There are crimes that broadly relate to impersonation, such as <a href="http://laws-lois.justice.gc.ca/eng/acts/c-46/page-87.html#h-108" rel="nofollow noreferrer">402.2 Identity theft</a> pertaining to using another person's "identity information" (documents, biometrics, name, signature etc). <a href="http://laws-lois.justice.gc.ca/eng/acts/c-46/page-88.html#docCont" rel="nofollow noreferrer">403.1</a> criminalizes pretending to be another person for gain or disadvantage. However, this refers to holding yourself out to be a specific person, but not holding yourself out to have a certain credential. There are also <a href="http://laws-lois.justice.gc.ca/eng/acts/C-46/page-81.html#h-102" rel="nofollow noreferrer">general laws against fraud</a>, where making a material false statement for the purpose of material gain is fraud, but if the person was just trying to be a pill, that does not rise to the level of being fraud. It is a crime to impersonate a lawyer (unauthorized practice of law) or a <a href="http://laws-lois.justice.gc.ca/eng/acts/C-46/section-130.html" rel="nofollow noreferrer">peace/public officer</a>. The general definition of "public officer" in the Criminal Code is</p>

<blockquote>
  <p>(a) an officer of customs or excise, (b) an officer of the Canadian
  Forces, (c) an officer of the Royal Canadian Mounted Police, and (d)
  any officer while the officer is engaged in enforcing the laws of
  Canada relating to revenue, customs, excise, trade or navigation;
  (fonctionnaire public)</p>
</blockquote>

<p>so probably not an ASC agent. So there may be no crime. Even if there is a crime, prosecution is discretionary. If you were harmed by this action, you could sue him for the damage done, but you can't sue him for bad behavior.</p>
