top of page

Cybersécurité & Cybercriminalité 


What is cybersecurity?

When we talk about cybersecurity, it is necessary to mention cybercrimes because cybersecurity mainly consists of protecting against cybercrimes.

According to the Canadian Centre for Cyber Security, cybersecurity encompasses all the technologies, processes, practices, response, and mitigation measures that exist to prevent networks, computers, programs, and data from being attacked or damaged, or accessed without authorization, to ensure their confidentiality, integrity, and availability.

Cybersecurity, therefore, includes all means of combating any crime committed in cyberspace or, at the very least, mitigating its consequences.

On the other hand, cybercrime is precisely defined by the Royal Canadian Mounted Police (RCMP), which indicates that cybercrime refers to any type of crime committed largely with the aid of the Internet and information technology such as computers, tablets, personal digital assistants, or mobile devices. The RCMP further divides acts of cybercrime into two categories:

Offenses where technology is the target – criminal acts targeting computers and other information technologies, including unauthorized use of computers or mischief concerning data;

Offenses where technology is the instrument – criminal acts committed using the Internet or information technology.


It is interesting to quickly outline the most significant cybercrimes, citing a few examples.


Some cybercrimes


Computer hacking

One might think that the Canadian Criminal Code contains a significant number of articles concerning computer hacking, given the numerous and complex cases in recent years.

However, only 3 offenses are considered computer hacking:

  • The offense of mischief concerning computer data 

  • The offense of unauthorized use of a computer

  • The offense of means enabling the use of a computer service


Regarding the offense of mischief concerning computer data:

This involves the use of computer software or processes such as viruses, and denial of service attacks (DOS or DDOS).


The criminal code provides that: "Anyone who commits mischief with computer data is guilty:

-either of a criminal act and liable to a maximum imprisonment of ten years;

-or an offense punishable by summary conviction.

Regarding the offense of Unauthorized Use of a Computer (342.1 C.Cr.),

it refers, for example, to an individual using a computer that does not belong to them as well as the use of the data contained in that computer (e.g., resale on the dark web of client data).

In terms of sanctions, the Criminal Code provides an alternative:

-criminal act liable to a maximum imprisonment of ten years 

-an offense punishable on summary conviction (thus maximum 2 years less one day in prison and a $5,000 fine according to section 787 of the Criminal Code). 


Regarding the offense of means enabling the use of a computer service,

the title is clear, and section 342.2 of the Criminal Code provides the following explanations: Anyone, without lawful excuse, produces, has in their possession, sells, or offers for sale, imports, obtains for use, circulates, or makes available a device designed or adapted primarily to commit an offense provided for in sections 342.1 or 430, knowing that the device has been used to commit such an offense or is intended for that purpose, is guilty:

a) either of a criminal act and liable to a maximum imprisonment of two years;

b) offense punishable on summary conviction (thus maximum 2 years less one day in prison and $5,000 fine according to section 787 of the Criminal Code).


Public Incitement to Hatred and Wilful Promotion of Hatred (319 C.Cr.)

Offenses particularly prevalent in recent years with the intensive and unreasonable use of social networks, a public space where everyone freely expresses their thoughts, including the most shameful ones.

The penalties are as follows:

  • maximum imprisonment of two years (criminal act);

  • offense punishable on summary conviction (thus maximum 2 years less one day in prison and $5,000 fine according to section 787 of the Criminal Code).


Offenses of Child Pornography (163.1 C.Cr.).

Old offenses, which did not wait for the development of the computer to exist but which benefit from the continuous growth of cyberspace to develop. 


Whether you are a victim or accused of such an offense, contact MTL LAWYERS. We will be able to guide and advise you.


Cybercrime au Québec

The surge in digital technology has brought with it a wave of cybercrime, challenging existing laws and regulations. In Quebec, a land of technological progress and digital development, lawyers are increasingly called upon to handle cybercrime cases. In this article, we will explore the five most publicized cybercrimes of the past five years in the province, highlighting the legal challenges and implications for victims.

Online Fraud:

Online fraud is one of the most common forms of cybercrime, often involving financial scams and identity theft. Notable cases in Quebec have involved fraudulent websites, phishing emails, and scams related to online sales.

Cyberbullying and Online Harassment:

With the proliferation of social media, cyber harassment has become a concerning issue. Cases involving online threats, harassment on social networks, and non-consensual dissemination of images have attracted media and legal attention.

Computer Hacking:

Computer hacking attacks often target businesses and government organizations. Notorious hacking incidents have affected Quebec companies, resulting in massive financial losses and breaches of customer privacy.

Cyberespionage and Data Theft:

The theft of sensitive data is a major concern in the digital age. Cybercriminals have targeted Quebec government institutions and companies to access confidential information, compromising national security and citizens' privacy.

Online Child Pornography:

The dissemination of pornographic content involving children is a heinous crime that has also found a refuge online. Quebec authorities have stepped up efforts to track down and prosecute online predators involved in this reprehensible crime.

In the face of rapidly evolving cybercrime, lawyers specializing in digital law play a crucial role in protecting victims' rights and prosecuting criminals. They work closely with law enforcement and government authorities to ensure that justice is served and that laws are adapted to the challenges of the digital age.

In conclusion, cybercrime remains a complex and constantly evolving challenge in Quebec. Lawyers are at the forefront of the fight against these crimes, offering their legal expertise to protect citizens' rights and strengthen the province's digital security. By remaining vigilant and collaborating closely, we can continue to advance justice in the digital world.


The Vital Role of MTL LAWYERS INC. in Data Protection

Cybersecurity has become a major issue in Canada, where businesses and individuals are increasingly exposed to online threats. In this constantly evolving digital landscape, the role of our firm is crucial for our clients to anticipate cybercrimes and effectively manage security incidents in case of a cyberattack.

Cybersecurity in Canada: A Growing Challenge

Canada is facing a dramatic increase in cyberattacks, affecting businesses of all sizes, government agencies, and even individuals. Cybercriminals use sophisticated techniques such as phishing, malware, and ransomware attacks to access sensitive data, compromise computer systems, and cause significant financial and reputational damage.

The Role of MTL LAWYERS INC in Anticipating Cybercrimes

Our firm plays a crucial role in preventing cybercrimes by helping our clients develop robust security policies and comply with data protection laws and regulations. MTL LAWYERS also advises on best practices in computer security, risk management, and staff training to recognize and avoid online threats.

MTL LAWYERS INC helps businesses develop incident response plans, including protocols for responding to cyberattacks and communication strategies to minimize damage and protect the company's reputation.

Incident Management Following a Cyberattack: The Approach of MTL LAWYERS INC.

In the event of a cyberattack, reactivity, and coordination are essential to limit damage and respond effectively to the crisis. Our team plays a central role in incident management by:

  1. Coordinating the response: MTL LAWYERS leads a multidisciplinary team composed of IT experts, public relations professionals, and management representatives to coordinate the incident response.

  2. Legal analysis: MTL LAWYERS assesses the legal implications of the incident, including regulatory compliance, civil liability, and mandatory notifications to relevant authorities and stakeholders.

  3. Communication management: MTL LAWYERS oversees communication with internal and external stakeholders, including clients, employees, suppliers, and regulatory authorities, to maintain transparency and preserve public trust.

  4. Evidence preservation: MTL LAWYERS advises on preserving digital evidence and collaborating with law enforcement to investigate the incident and prosecute cybercriminals.

In conclusion, cybersecurity is a crucial issue in Canada, and MTL LAWYERS plays a central role in protecting our clients' data and managing security incidents. Our legal expertise and ability to anticipate and respond to online threats are essential to help our clients navigate this complex and constantly evolving digital landscape.




An Anticipated Law

Adopted in September 2021, Bill 25 aims to modernize existing legislative provisions regarding the protection of personal information.


It introduces substantial modifications to the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information and the Act Respecting the Protection of Personal Information in the Private Sector.


The primary goal is to enhance the protection of personal data and to hold businesses and organizations more accountable for their management.


The Impact of Bill 25 on Businesses

The implications of Bill 25 for businesses are significant. Compliance requires a comprehensive review of policies and practices regarding personal data.


Businesses must assess their data management, consent processes, security measures, and procedures in the event of a data breach. The penalties for non-compliance can be severe, including substantial fines.


The Main Changes Brought About by Bill 25

Bill 25 introduces several new obligations for businesses. Among the most notable are:

  • Enhanced consent: Consent for the collection, use, and disclosure of personal information must be clear, free, and informed.

  • Security measures: Businesses must implement security measures appropriate to the sensitivity of the information processed.

  • Notification in the event of a data breach: Businesses are required to inform affected individuals and the Access to Information Commission in the event of a data breach.

  • Designation of a personal information protection officer: This new role within companies ensures compliance with the law.


Why the Expertise of a Lawyer is Crucial?

The expertise of a lawyer specialized in data protection is essential for several reasons:


  • Interpretation of the law: Understanding the nuances of Bill 25 and its practical application can be complex. A lawyer can provide a clear and precise interpretation.

  • Compliance: A lawyer can assist in implementing the necessary measures to comply with the law, adapting the company's policies and practices.

  • Risk management: A lawyer can identify and mitigate potential risks related to the management of personal data.

  • Response to incidents: In the event of a data breach, a lawyer can guide the company through crisis management and notification procedures.


Bill 25 on the protection of personal data marks a significant turning point in privacy regulation in Quebec. For businesses, adapting to this new reality is not only a legal obligation but also an opportunity to strengthen the trust of their clients and partners. The support of a lawyer specialized in data protection is not only recommended but could prove indispensable for successfully navigating this evolving legal landscape.

Discover our other services


Business Law

Our expertise will be valuable to you at all stages of the life of your company, from incorporation to its dissolution and, if necessary, its bankruptcy.


International Mobility

Immigrating to Canada requires significant and meticulous preparation, regardless of the chosen immigration type (work, study, etc.).

bottom of page