Credit Card Possession Lawyer Toronto | Card Offence Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Credit card offences are set out in section 342 of the Criminal Code. The section covers stealing a credit card, forging or falsifying one, using a card that has been revoked or cancelled, and, most commonly charged, possessing or using a card knowing it was obtained by the commission of an offence. A companion provision, section 342(3), makes it an offence to possess or use credit card data, the numbers and information that allow a card or account to be used. As with possession of stolen property, the decisive element is almost always knowledge.

What is a credit card offence under Canadian law?

Depending on the count, the Crown must prove beyond a reasonable doubt:

For possession of a stolen card: that the accused possessed the card, that the card was obtained by the commission of an offence in Canada (or conduct that would be an offence here), and that the accused knew it. Wilful blindness, deliberately avoiding the obvious question, is treated as knowledge; mere suspicion is not.
For use of a revoked or cancelled card: that the accused used the card knowing it had been revoked or cancelled.
For card data offences: that the accused possessed, trafficked in, or used credit card data that would enable an unauthorized transaction. Data found on phones and skimming devices is prosecuted under this provision and under section 342.01, which targets instruments for copying card data.

Credit card counts rarely travel alone. They are typically laid alongside fraud, identity theft, and theft charges arising from the same investigation, and the realistic exposure depends on the whole package rather than any single count.

Penalties for credit card offences in Ontario

Credit card offences under section 342 are hybrid, with a maximum penalty of 10 years in prison where the Crown proceeds by indictment or 2 years less a day on summary conviction. The card data and device offences carry the same 10-year maximum by indictment. There are no mandatory minimums.

Outcomes in Ontario scale with sophistication and scope. A single found card with no use may resolve without a conviction for a first-time accused. Organized conduct, multiple cards or identities, skimming equipment, and meaningful losses attract jail, and restitution to the card issuers and merchants becomes part of any resolution. A conviction for a dishonesty offence also carries lasting consequences for employment in finance and positions of trust, and immigration consequences for non-citizens.

Possible defences to a credit card charge

Depending on the evidence, defences may include:

No knowledge: possessing a card without knowing it was stolen, such as a card found in a borrowed wallet, bag, or vehicle, or one received from someone else with an innocent explanation.
Consent and authority: use of a family member's or partner's card with actual or honestly believed permission, a common source of disputed charges after relationships break down.
No possession: cards or data located in shared spaces or on shared devices without proof of the accused's knowledge and control.
Identity: card-not-present and online transactions require the Crown to prove who actually conducted them, which is contested through IP, device, and delivery evidence.
Charter issues: these prosecutions are built on searches of phones, computers, and homes, and unreasonable searches or defective warrants can lead to the exclusion of the core evidence.

Frequently asked questions

I was found with one credit card that was not mine. Is that a crime?

Only if the Crown proves you knew the card was obtained by an offence. Innocent possession, such as a card left in a car you borrowed or one you just found and had not dealt with, is a defence, and context decides these cases.

Is using a family member's credit card a criminal offence?

Not if you had permission or honestly believed you did. Disputed authority within families and former couples is a recurring defence, and the history of use matters.

What about credit card numbers on my phone?

Possessing credit card data that would enable unauthorized transactions is its own offence with the same 10-year maximum. Knowledge, control of the device, and how the data got there are the battlegrounds.

What are the penalties for credit card offences?

Up to 10 years in prison where the Crown proceeds by indictment. Actual sentences range from non-conviction outcomes for isolated, low-level conduct to penitentiary terms for organized operations.

Why am I also charged with fraud?

Because using a compromised card to obtain goods or money is fraud, and investigations usually generate several overlapping counts. The charges are defended together, and resolution is negotiated on the package.

Can these charges be resolved without a criminal record?

Sometimes. For limited, first-time conduct, diversion, peace bonds, and discharges are realistic goals, particularly with restitution. Outcomes depend on the scope of the allegation and the strength of the evidence.

Charged with a credit card offence? Contact us