Is it a Crime to Blackmail Someone?

Blackmailing someone is identified as a criminal offence in Canada. It’s defined under section 346 in the Criminal Code of Canada as extortion.

What is Extortion

Extortion occurs when one person induces or makes an effort to induce another person to do anything or to cause anything to be done. This includes instances where an individual uses threats, accusations, menaces, or violence with the intention to make another person perform an act or lead to an action being performed. Such charges, irrespective of their seriousness, are not common. It is important to note that the person involved in inducing another person to do or cause something doesn’t need to have any reasonable justification or excuse.

Extortion includes a wide application of threats that can range from a threat of a criminal action such as murder or assault or can be comparatively innocuous. This can even extend to threats to disclose private information about an individual, or a threat to engage law enforcement with the intent to have the individual prosecuted. However, it is crucial to highlight that the person who is being threatened does not necessarily have to be the individual being blackmailed. Similarly, for an offence of extortion to be made out, it is not necessary for the person making the threats to carry them out, nor for the person threatened to concede to the demands.

Exceptions in Blackmail Law

On the other hand, an act of threatening can still be considered extortion even if the demand made is for something the person is legally entitled to. Exceptions are found in section 346(2) of the law, which does not consider threats to start civil proceedings as extortion, which in turn allows an individual to make threats to sue someone over an unpaid debt. However, threatening to involve the police on an individual over debt repayment or the return of personal property qualifies as extortion.

Defending Against a Charge of Extortion

Defences can be made available in scenarios where an individual can provide evidence that the threat made was reasonably justified. The definition of reasonable justification is not explicitly provided in s. 346, therefore, the courts will need to evaluate the overall case and the actions of the person making the threats in order to determine if the threat was justifiable. In such situations, it is strongly recommended to get advice from criminal defence lawyers if facing a criminal charge of extortion.