Recent headlines have suggested that there’s been a “disturbing trend” of more frequent occurrences of extortion in the Greater Toronto Area.
Extortion, which includes what’s commonly referred to as “blackmail”, is a serious crime and is treated as such by police and the Crown’s office. Today we aim to better explain blackmail and extortion and what that means under Canadian Law.
What is Blackmail in Canadian Criminal Law
The first thing to note is that under the Criminal Code, there is no such thing as “blackmail” at least as a separate charge to extortion. What would be considered blackmail is covered under extortion. Basically, all blackmail is included under extortion, extortion however can mean more than blackmail. So, to recap, blackmail is extortion, but extortion does not necessarily mean blackmail. Blackmail does not exist as its own crime but is covered legally by the crime of extortion in Canada.
What is Extortion?
The Criminal Code definition of extortion is as following:
Under S.346(1)- “Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done”.
In simple terms, it includes anyone who tries to gain something from someone else by threat of some form of violence.
The violence aspect of extortion is what makes it the serious crime that it is. Without threat of, or without actual violence, while there may be claims to other crimes, it is not extortion.
With that in mind, it is important to note that because extortion is heavily intertwined with violence, often firearms and organised crime can be involved. If organised crime or a firearm is involved, on a first offence, there is a mandatory minimum of five years of imprisonment. For second or subsequent offences, there comes a mandatory minimum of seven years if convicted.
The legislator clearly takes charges of this variety, especially when combined with guns and gangs. This is an incredibly serious charge and if it is the case that there’s been an increase in instances of extortion, it is possible that even harsher prosecution and penalties may emerge in the future.
Have a Professional Defend your Case
If you are dealing with serious charges like extortion or other charges of a similar nature, it is imperative that you retain a lawyer to guide you through your criminal proceedings. Do not hesitate to contact us for a confidential consultation through our contact page, or call us at (905) 541-2228.
