(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.”
B) Prosecuted cyber criminals: The RCMP has successfully investigated and prosecuted several cyber
criminals. For example, an RCMP investigation into leakedsource.com recently resulted in a guilty plea by a
27-year-old Ontario man who sold large numbers of stolen passwords online through the now-defunct
service Leakedsource.com.
In another example dating back to 2018, Karim Baratov was arrested in Canada in connection with a security
breach at Yahoo. The RCMP and FBI investigated this individual and he was prosecuted in the U.S., resulting in
a 5 year prison sentence and a $250,000 US fine. Several other cases involving cyber criminals are currently
before Canadian courts.
C) Promoted the patching of vulnerabilities: The Cyber Centre regularly issues alerts and advisories on
potential, imminent, or actual cyber threats, vulnerabilities, or incidents affecting Canada’s critical
infrastructure.
D) Capacity building: Canada works through international organizations such as UNODC, INTERPOL, the
Council of Europe and the OAS to assist countries in developing their legal framework around cybercrime and
the capacity of their law enforcement institutions in order to prevent and combat cybercrime, as well as to
address the effects and impacts of new information technologies on the abuse and exploitation of citizens.
This also greatly improves the capability of nations to effectively investigate and prosecute cybercriminals in a
manner that aligns with international norms and human rights.
Norm 4 – States should consider how best to cooperate to exchange information, assist each other,
prosecute terrorist and criminal use of ICTs, and implement other cooperative measures to address such
threats. States may need to consider whether new measures need to be developed in this respect.
Canada has developed an array of measures to increase its cooperation with its partners to prevent terrorist
and criminal use of ICTs, such as:
A) Adopting and promoting the Budapest Convention:
The key international instrument that deals specifically with cybercrime is the Council of Europe Convention
on Cybercrime that Canada signed in 2001. Also known as the Budapest Convention, this Convention serves as
a guideline for developing comprehensive national legislation against cybercrime and as a framework for
international cooperation between States. Following the adoption of the Protecting Canadians from Online
Crime Act, Canada ratified the Budapest Convention on July 8, 2015 and the Convention entered into force for
Canada on November 1, 2015. The Convention helps Canada and State parties fight crimes committed against
the integrity, availability and confidentiality of computer systems and telecommunications networks. It also
helps in the fight against any criminal activity that leaves electronic evidence. Now that Canada is a party to
the Budapest Convention, the RCMP responds to a significant number of requests from other States pursuant
to the Convention. Canada fully supports the Budapest Convention as the best tool to fight cybercrime at the
international level. Canada encourages countries to bolster their anti-cybercrime efforts by becoming Parties
to the Convention, or using it as a model to implement their own cybercrime laws.
Canada is actively participating in the works of the Council of Europe to develop an additional protocol to the
Budapest Convention in order to further develop the cooperation among law enforcement and judicial
authorities at the international level, including in the field of access to electronic evidence. In addition, at
Canada’s suggestion, the Quintet of Attorneys General (which brings together Attorneys General from
Canada, the US, Australia, New Zealand and the UK) issued a public statement at their July 31, 2019 meeting,
expressing their support for the Budapest Convention as an effective global framework to support the fight
against cybercrime, and for the work currently being done by the United Nations Open-Ended
Intergovernmental Expert Group on Cybercrime (UNIEG).
B) Promoting the adoption of a draft resolution on cybercrime: At the 28th Session of the United Nations
Commission on Crime Prevention and Criminal Justice (CCPCJ) in May 2019, Canada tabled, with Austria’s