Extortion

The term "blackmail" is widely known although there is no blackmail charge in Canada's Criminal Code. Offences relating to extortion are found in Part IX of the Code relating to Offences Against Rights of Property. Extortion can be carried out in various ways. Many people will be familiar with criminal organizations threatening violence for payoffs, although the threat of violence is not always used or necessary for a conviction. People can receive demands for cash in exchange for compromising information or photographs. 

Extortion is not always about money. People have attempted to extort sexual favours, promises or tangible property. The level of the threats used is not as important as the intention of coercing the victim to surrender something against their will. According to Statistics Canada (Police-reported crime statistics, 2018), incidents of extortion increased 170 per cent from 2012 to 2018 in this country.

According to the Canadian Anti-Fraud Centre, common ongoing extortion scams include: 

• those claiming to be a hitman;
• scammers who send an email to a business threatening to attack or bring down the business's website and internet service;
• those who to have hacked a person's computer and recorded them performing an explicit act;
• someone claiming to be an employee of a utility company, seeking immediate payment for an unpaid bill;
• a scammer who claims to be with Immigration, Refugees and Citizenship Canada who tells the intended victim that they failed to complete or register certain immigration documents;
• a person who uses ransomware (malicious software) to infect a computer;
• scammers who create fake profiles on social media and dating websites to try convince victims to send them money;
• a person who says they are an employee of either the Canada Revenue Agency or Service Canada, claiming the victim owes back taxes, has a compromised SIN number or has committed a financial crime.

Under s.346 (2), a threat to institute civil proceedings is not considered extortion.

To win a conviction for extortion the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you used “threats, accusations, menaces, or violence” to coerce or attempt to coerce the victim to do anything or cause anything to be done. It also must be shown you did not have any reasonable justification or excuse for inducing or attempted to induce the victim. 

Your lawyer may argue that the threat you made was justified. You may also be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.    

If you have been charged with extortion, the Crown will proceed as an indictable offenceA more serious type of Canadian criminal offence. and you can be imprisoned if convicted.

Extortion is a serious crime and carries a maximum penalty of life in prison under the Criminal Code. If a restricted or prohibited firearmA barrelled weapon capable of firing a projectile that can cause serious injury or death. is used, or any firearm or imitation firearm is used for the benefit of, at the direction of, or in association with, a criminal organization, you face a minimum five-year prison term (seven years for a second or subsequent offence). In any other case there is no mandatory minimum sentence, though the maximum remains life imprisonment.

Because of the nature of the crime, courts may be more inclined to hand down stiff sentences. According to the Department of Justice  (DoJ), the court may increase a sentence to account for aggravating and mitigating factors relating to the offender or the offence. 

The DoJ states that “the main purpose of sentencing is to contribute to respect for the law and to a just, peaceful, and safe society by imposing fit sentences” that have one or more of the following objectives:

• denounce the unlawful conduct and harm to the victim;
• deter the offender and others from committing such crimes;
• separate offenders from society when necessary;
• assist in rehabilitating the offender;
• provide reparations for harm done to the victim and the community; and
• promote a sense of responsibility in offenders and acknowledgment of the harm done.