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Protecting Yourself From Extortion – Know Your Rights!

Protecting Yourself From Extortion – Know Your Rights!

Have you ever received a threat like, “Give me my money or I will hurt you!” You are being threatened by someone and not sure what to do? Well, you must know that if someone is inducing you to do any act that you do not wish to do is considered an offence in Canada and that offence is termed as Extortion.

Well for a nuanced understanding of extortion, think of extortion as a childhood bully demanding your lunch money, you don’t want to give him the money but you do so under threat and fear. But don’t forget that the bully asking for your lunch money has to be on a serious level of threat and violence to match the criteria of extortion. Instead of asking you politely the bully is threatening that he will knock your teeth out if you don’t give him the lunch money. Now, that’s extortion!

Understanding Extortion

Extortion generally means threatening or attempt to threat an individual to do anything or cause any act or thing to be done. Extortion is commonly referred to as Blackmail. However, there is no mention of blackmail in the Canadian Criminal Law.

Extortion under section 346 (1) of the Criminal Code of Canada is defined as:

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.

What Are The Legal Consequences Of Committing Extortion?

Section 346 (1.1) describes Extortion as an indictable offence meaning which cannot be tried summarily. It also outlines how an aggravated extortion can be punished. Aggravated extortion means where a firearm or weapon is used while extorting an individual. Extortion done by a person can oftentimes be committed in association with a criminal organization. If anyone is guilty of extortion with the use of a firearm, the mandatory minimum sentence is five years. If a person is guilty of extortion with the use of a firearm at the instruction of a criminal organization with an aim to benefit them, then the mandatory minimum punishment is for seven years.

If extortion is done without an aggravation, meaning no involvement of firearm, the offender would be faced with imprisonment for life. The maximum punishment for extortion is life imprisonment.

How To Identify The Crime Of Extortion?

Extortion is a serious crime which is aimed to induce a person to gain something from him/her. It is essential to note that extortion could not always be straightforward. Several indicators could be considered in order to identify whether it amounts to extortion or not. Bear in mind that if no threat or violence or pressure is used in order to induce a person to any act, no extortion is committed.

Extortion could be done in the form of verbal or written threats. Additionally, any psychological manipulation or physical intimidation including damage to property would fall under the indicators of extortion.

Contact The Lawyers At Ayaz Mehdi Professional Corporation!

Extortion is a serious crime, and you have the right to be protected. If you have faced extortion, get in touch with us. Our lawyers can advise you on your legal rights and options.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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