Theft of telecommunication service
326 (1) Every one commits theft who fraudulently, maliciously, or without colour of right,
(a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or
(b) uses any telecommunication facility or obtains any telecommunication service.
(2) [Repealed, 2014, c. 31, s. 14]
Annotations | French
- Section 326
- “Theft” is defined in s. 322 of the Criminal Code.
- Not a defence if unlawful distributor
- It does not matter that the telecommunication signal originates outside of Canada. One still commits theft if that signal is stolen even if the company that transmits the signal is not a “lawful distributor” in Canada: R v Scullion (2002), 166 CCC (3d) 526 at paras 22-25 (QCCA), leave to appeal to SCC refused, [2002] SCCA No 296.