INTRODUCTION AND BRIEF DESCRIPTION

Section 346(1) of the Criminal Code of Canada defines extortion as inducing a person, through threats, accusations, menaces or violence, to do or cause something to be done with the intention of obtaining anything.

SECTION WORDING

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.

EXPLANATION

Section 346(1) of the Criminal Code of Canada defines the criminal offense of extortion. This section states that any person who, without reasonable justification or excuse, uses threats, allegations, menaces or violence to induce or attempt to induce any person to do something or cause something to be done, with the intent to obtain anything, will be committing extortion. The primary elements of the offense of extortion include the use of force or threats, the intention to obtain something in return, and the lack of a reasonable justification for the action taken. The use of force or the threat of force is a key element of this offense. The threat may refer to violence, damage to property, or the loss of reputation. Moreover, the offense of extortion does not require that the victim be the person who is threatened or menaced. Any person who is induced or influenced by the threat of violence, allegations or menaces can also be considered as the victim of extortion. The penalty imposed for the offense of extortion under the Criminal Code of Canada varies depending on the severity of the crime. If the offense is conducted with the threat of bodily harm or death, a sentence of up to life imprisonment may be imposed. Where the offense does not involve the threat of bodily harm or death, a sentence of up 14 years imprisonment may be imposed. In summary, section 346(1) of the Criminal Code of Canada criminalizes the use of force or threats in order to obtain something from another individual without any justification or excuse. This provision is intended to protect the public from coercion, intimidation, and violence, and to maintain social order and justice in the Canadian society.

COMMENTARY

Section 346(1) of the Criminal Code of Canada outlines the criminal offence of extortion in Canadian criminal law. It defines extortion as the act of inducing or attempting to induce a person to do something or cause something to be done by making threats, accusations, menaces, or using violence, without reasonable justification or excuse and with the intent to obtain anything. Extortion is a serious criminal offence that can have significant negative consequences for both the accused and victims. Extortion can involve a wide range of conduct, including blackmail, bribery, and coercion, and can involve individuals, groups, or organized crime. One of the key elements of the offence of extortion is the requirement of intent. The accused must have intended to obtain something through the use of threats, accusations, menaces, or violence. This means that accidental, unintentional, or unintended actions do not meet the threshold for extortion. Furthermore, the accused must not have had any reasonable justification or excuse for their actions, such as self-defense or acting in defense of others. The offence of extortion covers a wide range of conduct, from relatively minor incidents to serious criminal acts. For example, it could involve threats to withhold payment for a business transaction unless a larger sum of money is paid, or it could involve threats of violence against a victim's family if they do not comply with the accused's demands. The potential harm caused by extortion can be significant. Victims of extortion may suffer financial loss, physical harm, emotional distress, and other negative consequences. In addition, the act of extortion undermines social and economic stability, and can contribute to the erosion of public trust in institutions. In cases of extortion, the prosecution must prove beyond a reasonable doubt that the accused engaged in the prohibited conduct with the requisite intent, and that the victim was induced or attempted to be induced to do or cause something to be done as a result of the accused's conduct. If convicted, individuals may face significant penalties, including fines, imprisonment, and other sanctions. Overall, Section 346(1) of the Criminal Code of Canada provides a clear and comprehensive definition of the criminal offence of extortion, highlighting the importance of intent, justification, and the negative impact on victims and society. It is essential that the criminal justice system continue to take a strong stance against all forms of extortion to protect individuals and promote social and economic stability.

STRATEGY

Section 346(1) of the Criminal Code of Canada criminalizes extortion, which is the act of demanding something from someone through the use of threats or violence. As such, it is important to consider some strategic considerations when dealing with this section of the Criminal Code of Canada, whether one is facing charges or suspected of committing the offense. The first strategic consideration is to understand the elements of the offense. According to the section, extortion involves a person without reasonable justification or excuse and with the intent to obtain anything by threats, accusations, menaces, or violence, inducing or attempting to induce any person to do anything or cause anything to be done. This means that in order to be convicted of extortion, all of these elements must be present. As such, it is important to understand what constitutes a "reasonable justification" or "excuse" so that one can argue against any accusations of extortion. The second strategic consideration is to avoid engaging in any behavior that could even be perceived as extortion. One should be mindful of their words and actions and should never use threats, accusations, menaces, or violence to obtain anything. Additionally, one should be cautious of entering into agreements with others that could be interpreted as extortion or giving the impression of extortion. The third strategic consideration is to seek legal counsel immediately if one is involved in any situation that could possibly lead to extortion allegations. It is vital to have a criminal defense lawyer who is experienced in handling extortion cases and who can provide legal advice on how to handle the situation appropriately. Some strategies that could be employed when dealing with section 346(1) of the Criminal Code of Canada include: 1. Providing a reasonable explanation for the demands made: If one is accused of extortion, it could be helpful to provide a logical reason or explanation for the demands made. This could be used as evidence of a "reasonable justification" or "excuse" and can help to refute the allegations. 2. Demonstrating lack of intent: If it can be shown that there was no intent to obtain anything through the use of threats, accusations, menaces, or violence, this could be used as evidence for defense. For example, if a person's actions were misconstrued, and there was no actual intention to extort, it could be helpful to argue that there was no intent to obtain anything, and the actions were misinterpreted. 3. Providing evidence: One should ensure that they have enough evidence to refute the allegations being made. This could include video footage, audio recordings, or eyewitness accounts. With enough evidence, one may be able to show that they did not commit the crime of extortion. In summary, it is important to understand the elements of section 346(1) of the Criminal Code of Canada, avoid engaging in behavior that could even be perceived as extortion, seek legal counsel immediately if involved in any situation that could possibly lead to extortion allegations, and utilize strategies such as providing a reasonable explanation, demonstrating lack of intent, and providing evidence to refute allegations. These strategic considerations and employment of strategies can help ensure that one is not unjustly accused or convicted of extortion.