OFFENCE ELEMENTS - EXTORTION OFFENCES
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.
(1.1) Every person who commits extortion is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, five years, and
(ii) in the case of a second or subsequent offence, seven years;
(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.[1]
[1] Criminal Code, RSC 1985, c C-46, s 346.
SELECTED CASE LAW
TABLE OF CONTENTS:
SUPREME COURT OF CANADA:
[1999] 3 SCR 759
ALBERTA:
1992 ABCA 243
2008 ABCA 129
2011 ABPC 116
2011 ABPC 354
2014 ABCA 221
BRITISH COLUMBIA:
[1996] BCWLD 2733 (BCCA)
2014 BCPC 197
2015 BCPC 203
2015 BCCA 338
MANITOBA:
2018 MBCA 48
2015 MBPC 50
NEW BRUNSWICK:
2014 NBCA 71
NEWFOUNDLAND AND LABRADOR:
[2017] 143 WCB (2d) 618 (NFPC)
NOVA SCOTIA:
2010 NSSC 253
2013 NSPC 98
2015 NSPC 66
2017 NSSC 292
ONTARIO:
[2005] OJ No 3777 (ONCA)
[2008] 77 WCB (2d) 257 (ONSC) 22
[2009] 84 WCB (2d) 716
2011 ONCA 834
2012 ONCJ 835
2014 ONCA 69
2014 ONSC 7347
2015 ONSC 2590
2016 ONCJ 325
2018 ONSC 2299
SASKATCHEWAN:
2016 SKCA 93