INTRODUCTION AND BRIEF DESCRIPTION

This section defines the penalty for extortion, with harsher punishment for those who use firearms or are connected with criminal organizations.

SECTION WORDING

346(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.

EXPLANATION

Section 346(1.1) of the Criminal Code of Canada defines the offence of extortion and lays down the punishment for it. The section considers extortion as a serious crime that can have severe consequences, and thus imposes harsh penalties for its commission. Extortion refers to a situation where a person uses threat, violence, any form of coercion, or any other means to obtain something from another person. It could be in the form of money, property, or any other thing of value, and can occur in various contexts, including business, relationships, and personal interactions. Some examples of extortion could be blackmailing, demanding protection money, or threatening bodily harm to obtain something. The severity of the punishment depends on the circumstances of the offence. If a restricted or prohibited firearm is used or if any firearm is used in the commission of the offence for the benefit of, at the direction of, or in association with a criminal organization, the offender can face life imprisonment and a minimum punishment of imprisonment for a term of five years for a first offence and seven years for a subsequent offence. In any other instance where a firearm is used in the commission of the offence, the offender can be subject to life imprisonment and a minimum punishment of imprisonment for a term of four years. In cases where no firearm is used, the offender can still be subject to life imprisonment. The section serves as a deterrent to those who may be contemplating committing extortion. It also sends a message that the Canadian legal system takes extortion seriously, and offenders can face severe consequences. The penalty imposed under this section aims to address the gravity of the offence and to encourage the offender to take responsibility for their actions.

COMMENTARY

Section 346(1.1) of the Criminal Code of Canada establishes the punishment for the crime of extortion. The section recognizes the severity of the crime and accordingly, the punishment varies based on the nature of the offence. The section categorizes extortion into three categories- extortion committed with the use of a firearm prohibited by law, extortion committed with the use of any firearm, and extortion committed without the use of any firearm. The severity of the punishment increases in case the offender uses a firearm in the commission of the offence. The section specifically states that an individual who commits extortion is guilty of an indictable offence and is subject to imprisonment for life. In the absence of any aggravating factors, the minimum punishment for extortion would be life imprisonment. However, if a firearm is used in the commission of the offence, the punishment the offender is subject to depends on the nature of the firearm used and the circumstances in which it was used. In the case where a restricted or prohibited firearm is used in the commission of the offence or any firearm is used in association with a criminal organization, the offender is subject to punishment for life imprisonment, with a minimum punishment of five years for a first offence and seven years for a second or subsequent offence. This provision is in line with the Canadian Government's efforts to combat organized crime and keep firearms out of the hands of individuals who are a danger to society. If any firearm, other than a restricted or prohibited firearm, is used in the commission of the offence, the minimum punishment for the first offence is four years of imprisonment. The punishment for the second or subsequent offence remains at seven years. On the other hand, if the offence is committed without the use of any firearm, the minimum term of imprisonment the offender is subject to remains at life imprisonment. This provision recognizes the seriousness of the crime of extortion, which involves the use of fear or threat of violence to extort money or other property from an individual or a group. In conclusion, Section 346(1.1) of the Criminal Code of Canada demonstrates the Canadian Government's commitment to maintaining law and order in the country by keeping dangerous firearms away from criminals. The section provides for severe punishment for the crime of extortion with the use of firearms and recognizes the severity of the offence in the absence of any firearms. The punishment is commensurate with the nature of the offence and seeks to deter potential offenders from engaging in such criminal activities.

STRATEGY

One major strategic consideration when dealing with section 346(1.1) of the Criminal Code of Canada is the severity of the potential punishment for those found guilty of committing extortion while using a firearm, particularly if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization. As per the section, the person could be liable for imprisonment for life, with a minimum punishment of imprisonment for a term of five or seven years, depending on whether it is their first offence or a subsequent one. The use of a firearm in the commission of the offence also increases the minimum punishment to four years, regardless of the circumstance. Another strategic consideration is the legal definition of extortion in the Criminal Code, which includes the use of threats, violence, or coercion to obtain anything of value or to cause harm to another person or their property. This definition is quite broad and could potentially encompass a wide range of situations and actions that could be unintended or falsely accused. For example, a legitimate business person may be accused of extortion if they threaten to terminate a contract with a supplier who is not meeting their obligations. Therefore, it is important to thoroughly investigate and understand the specific details and circumstances of each case before proceeding with charges or legal action. One potential strategy when dealing with section 346(1.1) is to conduct thorough investigations and gather as much evidence as possible before proceeding with charges or legal action. This could involve working with law enforcement and other stakeholders to collect witness statements, physical evidence, and other relevant information that can help to establish the facts of the case and build a strong legal case. Additionally, it may be beneficial to seek the advice and guidance of legal experts, particularly if the case is complex or controversial. Another strategy may be to explore alternatives to prosecution, such as mediation or other forms of dispute resolution. This approach can be particularly effective in situations where the parties involved may be able to come to a mutually agreeable solution without the need for a lengthy and costly legal process. It can also help to preserve relationships and prevent further harm or damage to reputations. Overall, dealing with section 346(1.1) of the Criminal Code of Canada requires careful consideration and strategic planning in order to effectively navigate the legal system and achieve a just outcome. By understanding the severity of the potential consequences and working to gather strong evidence and seek expert advice, individuals and organizations can better protect their interests and ensure that justice is served.