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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100995
Experience:  Lawyer
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Is blackmail a crime in canada Someone is threatening to divulge

Customer Question

Is blackmail a crime in canada? Someone is threatening to divulge the wife's real sexual orientation (to her husband if the wife does not give her (the blackmailer) a certain amount of money. What kind of evidence is needed?
Submitted: 8 years ago.
Category: Canada Law
Expert:  Debra replied 8 years ago.
This is extortion and is a criminal offence.

And, giving in will not make this go away.

Call the police and nip this in the bud. The police will ask you questions and will ask for evidence and tell you what they need. If you can get someone to overhear the threat that's good. If you can record a conversation that's good as well. So long as one of the two parties to the conversation gives permission for the recording that's fine.

I am so sorry you are in this situation.

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Customer: replied 8 years ago.
are bank deposit slips showing deposits to the account of the blackmailer acceptable as evidence?
Expert:  Debra replied 8 years ago.
It will certainly go a long way.

I hadn't realized it had gone this far.

The police need to be involved at once.

Debra and other Canada Law Specialists are ready to help you
Customer: replied 8 years ago.

Will this not be a big scandal? How can the police help if there's no taped conversation as evidence? What is the penalty for this crime?


Expert:  Debra replied 8 years ago.
The story is horrible. When the police hear it and see the bank statements they will at least investigate. This has to be stopped. It can escalate.

Here's what's in the Criminal Code:

Extortion -- s. 346(1)


    (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.

Extortion -- s. 346(1.1)

    1. Every person who commits extortion is guilty of an indictable offence and liable

    1. 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.