Summary#

This bill, the Protection against Extortion Act, changes sentencing rules for the crime of extortion in Canada’s Criminal Code. It sets mandatory minimum prison terms and adds arson as a factor that requires a tougher sentence. The maximum penalty remains life in prison (s.346(1.1)).

• Sets a base mandatory minimum of 3 years for extortion (s.346(1.1)(b)).
• Sets a 4-year minimum if a non‑restricted firearm is used (s.346(1.1)(a.1)).
• Creates a higher minimum when a restricted/prohibited firearm is used or when the offence is linked to a criminal organization; the exact length is not shown in the provided text (s.346(1.1)(a)).
• Requires judges to treat arson committed during extortion as an aggravating factor at sentencing (s.346(1.4); ss.433–435).
• Preamble cites a rise in reported extortion and risks to new Canadians (Preamble).

What it means for you#

• Households and small businesses
  • If you are a victim of extortion, the person convicted will face at least 3 years in prison. If they used a non‑restricted firearm, at least 4 years. If they used a restricted/prohibited firearm or acted for/with a criminal organization, a higher minimum applies, but the exact number is not shown in the provided text (s.346(1.1)(a), (a.1), (b)).
  • If arson (setting a fire to cause damage) was part of the extortion, the judge must treat that as an aggravating factor and may increase the sentence (s.346(1.4); ss.433–435).
• Workers and communities
  • Cases with a firearm or gang link will carry higher minimums, which can affect plea decisions and time served after conviction. Data unavailable.
• Law enforcement and courts
  • Police and prosecutors will need to prove the type of firearm used and any link to a criminal organization to trigger higher minimums (s.346(1.1)(a), (a.1)).
  • Judges must apply mandatory minimums and, when arson is involved, must treat it as an aggravating factor (s.346(1.1); s.346(1.4)).
• Corrections
  • Because the minimums are 3 years or more, those convicted will generally serve time in federal custody (sentences of 2 years or more). Data unavailable on capacity impacts.

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note or cost estimate is provided in the bill text. Data unavailable.
• The bill includes no new appropriations or fees. It changes sentencing rules only (Part: Criminal Code amendments).
• Longer mandatory minimums can increase incarceration time, which may raise correctional costs. Data unavailable.

Proponents' View#

• Responds to an increase in reported extortion and specific risks to new Canadians by setting firm penalties (Preamble).
• Establishes clear mandatory minimums: 3 years in general, 4 years if a non‑restricted firearm is used, and a higher minimum when a restricted/prohibited firearm is used or when linked to a criminal organization (s.346(1.1)(a), (a.1), (b)).
• Treats extortion involving arson more seriously by requiring judges to consider it an aggravating factor, reflecting heightened danger to life and property (s.346(1.4); Preamble).
• Keeps life imprisonment as the maximum penalty, signaling the offence’s seriousness (s.346(1.1)).

Opponents' View#

• Mandatory minimums reduce judicial discretion and can create harsh outcomes in unusual cases, since judges cannot go below 3 or 4 years once the conditions are met (s.346(1.1)(a), (a.1), (b)).
• The bill text provided does not show the exact minimum term for restricted/prohibited firearms or criminal‑organization cases, limiting public clarity on the most severe category (s.346(1.1)(a)).
• Longer mandatory minimums may increase prison populations and costs without clear evidence of reduced crime. Data unavailable.
• The “criminal organization” trigger could apply to lower‑level associates, not just leaders, exposing them to the highest mandatory minimums (s.346(1.1)(a)).
• Making arson an aggravating factor, in addition to any separate arson charge, may lead to higher combined sentences for the same course of conduct (s.346(1.4); ss.433–435).