Legal Question in Criminal Law in Canada

email theft

If a former employee of a company (as they knew they were going to be terminated) deletes and purges Company email from a Company email account, of which the Company has specifically outlined the Company owns the email account, not the employee, can this be categorized as theft on a criminal level.

Additionally, can the Company assign a financial cost to the deleted and purged emails, as another Company employee then had to research and track down the deleted and purged email information.

Thanking you in advance.


Asked on 11/09/02, 5:32 pm

1 Answer from Attorneys

Ron Jourard Criminal Lawyer Ron Jourard

Re: email theft

Section 430(1.1)(a) of the Criminal Code makes it an offence - mischief in relation to data - to destroy data. At first blush, I'd say that emails are data. I don't see why the company can't ascribe a value to the data.

Ron Jourard

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Answered on 11/09/02, 6:29 pm


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