Is Blackmail a Crime in Canada?

We’ve all seen blackmail being portrayed in television shows and books, but it seems as if the act goes unpunished in many cases. This oftentimes gives the false impression that extorting someone for gain is just something a person can do whenever they feel like it. In reality, many jurisdictions treat such actions as serious crimes. So, is blackmail a crime in Canada?

Unlike many other areas of the law, there isn’t much nuance to this question. If you’ve been charged with blackmail in Toronto or anywhere in Canada, it’s time to seek assistance from an experienced legal professional.

What Is Considered Blackmail in Canadian Law?

Blackmail is not listed as a standalone crime under Canadian law—but that doesn’t mean it isn’t illegal. What most people think of as blackmail is legally categorized as extortion. Under Section 346 of the Criminal Code, it includes using threats, violence, or accusations to get something from another person or to force them to act against their will. In short: all blackmail is extortion, but not all extortion counts as blackmail.

What’s the Legal Definition of Extortion?

The Criminal Code of Canada specifies which actions constitute extortion. There’s plenty of legal jargon in the statute, but the elements of blackmail essentially break down into the following:

• Use of threats, violence, accusations, or menacing.
• The defendant intended to get something from their target or force them to do something.
• The underlying threats or violence were made to force the other individual into doing something.
• The threats were made “without reasonable justification or excuse.”

When all these elements undeniably exist, the Crown Attorney will likely be able to secure a conviction. And since prosecutors are not supposed to move forward with charges without a reasonable belief that a conviction can be secured, your best bet is to seek legal counsel if you’re ever accused of this indictable offence.

What Are the Potential Penalties for Blackmail Charges?

As an indictable offence, blackmail can result in serious punitive measures. The most severe potential consequence, however, is life in prison. This is certainly a worst-case scenario, which would likely involve aggravating factors, but the fact that such a sentence is even possible should terrify anyone accused of the crime.

Fortunately, there are no minimum sentences for an extortion conviction unless a prohibited firearm was used, or the act involved organized crime in some way. This means someone charged under the statute may be able to negotiate a more lenient sentence with the help of an extortion lawyer in Toronto.

The circumstances of the case will obviously affect the eventual outcome, but since blackmail is a serious crime, no one should take these charges lightly. If you’re facing extortion charges or believe you’re being blackmailed, speaking with a lawyer experienced in criminal defence is your first step toward protecting your rights and freedom.