An extortion attempt can result in a life sentence

An extortion attempt can result in a life sentence

By Greg Dunn

Extortion is defined in the Criminal Code as using “threats, accusations, menaces or violence” to force someone else to do something. The demand is usually to pay money, though sexual favours, promises or tangible property can also be demanded.

Penalties can be harsh

According to s.346 (1) of the Code, the charge of extortion is always prosecuted as an indictable offence with a maximum sentence of life imprisonment. You may also be fined and ordered to pay restitution payments to the victim.

Judges have the discretion to impose sentences they think are appropriate. Harsher penalties will be given to those who use a firearm or if the offence is committed for the benefit of a criminal organization.

Legal defences

Anyone accused of extortion or any type of fraud will benefit from the advice provided by a criminal lawyer. Here are some common defences legal counsel may recommend.

  • Insufficient evidence: Even if the complainant has email or text messages that show they were the victim of an extortion attempt, it can be difficult to firmly establish the origin of that correspondence. Your lawyer could argue that someone could have been using your name to cover their tracks.
  • Reasonable justification: If someone is legitimately owed money and they are demanding to be paid, those demands cannot be considered extortion.
  • Lack of intent: There may be evidence that shows you did not intend to extort someone.
  • Duress: If you were forced to commit extortion under threat of violence or harm, your lawyer might argue that you were acting under duress.
  • Lack of credibility: The honesty of the complainant is sometimes an issue, allowing your lawyer to argue their testimony cannot be trusted.

Extortion attempts are increasing

According to a 2024 report from Statistics Canada, the rate of police-reported extortion (35 incidents per 100,000 population) increased for the fourth consecutive year in 2023, following similar increases in the previous three years.

Overall, the rate of extortion was five times higher in 2023 than in 2013, rising from seven to 35 incidents per 100,000 population, the report states.

“Almost one-quarter of incidents of all fraud types (24 per cent) and almost half of incidents of extortion (49 per cent) were reported as cybercrimes. Combined, these offences accounted for 60 per cent of cybercrimes in 2023.”
StatsCan found that “many of these crimes go unreported to police. According to the 2019 General Social Survey on Canadians' Safety, just over one in 10 victims of fraud (11 per cent) reported the fraud they experienced.”

The survey also notes that “fraud is more prevalent in Alberta than elsewhere in the country.” It explains that 17 per cent of the population reported having been a victim of at least one fraud in the five years preceding the survey, while in Alberta, this proportion was 22 per cent.

Examples of extortion

The Canadian Anti-Fraud Centre (CAFC) lists various examples of extortion. Common types include:

  • Bomb threat: Contacting a person or business and stating a bomb will be detonated if they do not pay a sum of money, possibly in Bitcoin.
  • Denial of service: Hacking into someone’s website and threatening to release confidential information unless a ransom is paid, usually in cryptocurrency.
  • Email alerts: People receive an email that shows their name, phone number, address and a video that purportedly shows they were viewing explicit websites. The threat is made that copies of the video will be sent to everyone on your contact list unless a ransom is paid.
  • Hitman: An email claims that someone has been hired to kill you. However, for a cost, they will not do that, plus they will provide the name of the person who contracted them.
  • Hydro: Someone claims to work for a local utility and demands that you send them money immediately or they will cut your household’s power.
  • Immigration: Someone who claims to be with the government calls you at home and says you have failed to complete certain immigration documents. Unless you send money immediately you will risk deportation and the loss of your citizenship.
  • Sextortion: In October 2024, the CAFC warned it was receiving reports of extortion letters being sent by email. “The extortion letters have your full name, personal telephone number, personal residential address and a screenshot from search engines. The letter claims that you have visited explicit websites and threatens to send a copy of a video to your contact list unless you pay them using cryptocurrency. Some letters may also use a QR Code. This is a scam! Do not send money under pressure and do not reply to threatening messages.”

Extortion in Alberta

  • The host of a South Asian radio program was assaulted by two men in Calgary allegedly due to his reporting on extortion and crime within the South Asian community, according to an October 2024 news report. The story states that he was attending a political event when he stepped outside to take a phone call. Two men approached and complained about his reporting before one of the men attacked and left him with eye damage. No charges were initially laid.
  • According to a July 2024 news report, Edmonton police arrested six people in connection to an arson-extortion scheme targeting South Asian business owners. Other arrests related to these crimes were made earlier this year, with six people facing 54 charges including extortion, arson, intentionally discharging a firearm, break and enter and assault with a weapon.
  • Some Strathcona County residents were sent emails claiming that malware planted in their computers had taken compromising photos of them looking at explicit websites, according to a September 2024 RCMP news release. “The suspect then provides a photo of the victim’s house as proof that they know where the victim lives, then demands a $2,000 payment to be made immediately to them via Bitcoin wallet or they will release the photos to the victim’s contact list,” the news release states.

Contact us for assistance

Given the legal complexities surrounding extortion and fraud, anyone accused of these crimes will benefit from the assistance of experienced and knowledgeable legal counsel. The team at Dunn & Associates will examine all the evidence in your case and suggest an appropriate course of action. Contact us for a free consultation.