Charged With Extortion in Ontario? What Happens Next

An extortion charge is one of the more serious accusations in the Criminal Code, and it can be frightening to face, whether you were arrested in Toronto, Brampton, Mississauga, Ottawa, Hamilton or anywhere else in Ontario. This guide explains what the charge means, what usually happens next in Ontario's courts, and what you can do now. Remember that you are presumed innocent unless the Crown proves the charge beyond a reasonable doubt.

What an extortion charge means

Extortion is set out in section 346 of the Criminal Code. In plain terms, it means using threats, accusations, menaces or violence to pressure someone into doing something, with the aim of getting something, and without a reasonable justification or excuse.

The Crown (the prosecutor who acts for the public) must prove each of these elements beyond a reasonable doubt:

• Threats, accusations, menaces or violence: you used one of these means. Threats do not have to be of physical harm; a threat to reveal private images or information can qualify.
• Inducement: you induced, or tried to induce, a person to do something or cause something to be done. The person pressured does not have to be the same person who was threatened.
• Intent to obtain anything: you intended to get something. It is often money, but it can be anything, including property, services or an action.
• No reasonable justification or excuse: the pressure was not legally justified.

An attempt is enough. The Crown does not need to prove that anyone actually paid or gave in.

Extortion is a straight indictable offence. Unlike many offences that became hybrid after the 2019 Bill C-75 reforms, it cannot be prosecuted as a less serious summary conviction offence. The maximum penalty is life imprisonment. Common situations that lead to an extortion charge include online "sextortion" (threatening to share intimate images unless paid), threats against businesses demanding payment, and debt or personal disputes that escalate into threats. For a national overview, see our guide to extortion under the Criminal Code.

What happens after an extortion charge in Ontario

Arrest and release

After an arrest, police may release you with a document requiring you to attend court, sometimes on an undertaking: a written promise to follow certain conditions until the case ends. If police keep you in custody, you must be brought before the Ontario Court of Justice for a bail hearing, usually within 24 hours. A justice may then release you on a release order, which can include conditions and sometimes a surety (a person who promises to supervise you).

Common conditions in extortion cases include:

• no contact, directly or indirectly, with the complainant or named people, including online and through social media;
• staying away from certain addresses or businesses;
• not possessing weapons;
• restrictions on using phones, the internet or certain accounts, especially in online cases;
• living at a set address, sometimes with a curfew.

In some situations, such as alleged links to a criminal organization or the use of a firearm, the law can shift the burden to you to show why you should be released (a reverse onus). Breaking any condition is a separate criminal offence, so follow them exactly, even if the complainant contacts you first.

Who decides on charges in Ontario

In Ontario, police lay charges themselves. Crown attorneys of the Ministry of the Attorney General then prosecute the case and review it on an ongoing basis. The Crown can continue, change or withdraw a charge depending on the evidence.

First appearance

Your first appearance is usually in the Ontario Court of Justice. Nothing about guilt or innocence is decided that day. It is mostly administrative: confirming you have a lawyer, receiving or arranging disclosure, and setting the next date. If you do not yet have a lawyer, duty counsel may be able to help on the day.

Disclosure

Disclosure is the evidence the Crown must share with your side, such as police notes, witness statements, messages, phone or bank records and video. In extortion cases, digital evidence like texts, emails and social media messages is often central. Your lawyer cannot properly advise you until disclosure has been reviewed.

Election and preliminary inquiry

Because extortion is straight indictable, the Crown does not choose between summary and indictable procedure. Instead, you generally have an election: you can choose trial in the Ontario Court of Justice before a judge alone, or in the Superior Court of Justice before a judge alone or a judge and jury. Because the maximum penalty is life, you may also request a preliminary inquiry, a hearing where a judge decides whether there is enough evidence to send the case to trial in the Superior Court of Justice.

Resolution or trial

Many cases are resolved without a full trial. The Crown may withdraw or stay a charge, or the defence and Crown may discuss a resolution. Other cases go to trial, where the Crown must prove every element beyond a reasonable doubt. Whether to plead guilty or go to trial is your decision, made with advice from your lawyer.

How long it may take

Timelines vary widely. Under the Supreme Court of Canada's Jordan decision, a case should generally be completed within 18 months in the Ontario Court of Justice and within 30 months in the Superior Court of Justice, not counting delay caused by the defence. Complex extortion cases with large amounts of digital evidence can take many months even within those limits.

Possible penalties for extortion

Bill C-5 in 2022 repealed the four-year minimum that used to apply to extortion with an ordinary firearm. Because extortion has drawn public attention in recent years, the federal government has proposed tougher sentencing measures for it. If your case involves firearms, a criminal organization or related allegations, ask a lawyer to confirm exactly what law applies on the date of the offence.

What sentences can look like in practice

• No discharge: an absolute or conditional discharge (a finding of guilt without a conviction) is not legally available for offences with a maximum of 14 years or life, so it does not apply to extortion.
• Suspended sentence and probation: possible in less serious cases, with conditions supervised in the community.
• Fine: can be imposed alone or with other penalties.
• Conditional sentence: a sentence of under two years served in the community, often with house arrest. It may be available in some cases, but not where a mandatory minimum applies or the offence is a criminal organization offence.
• Jail or penitentiary: often imposed where there was violence, weapons, organized activity, vulnerable victims or large sums involved.

Courts may also make orders such as a weapons prohibition, a DNA order, restitution and no-contact orders.

Factors that matter

Judges look at the nature of the threats, whether violence or weapons were used or threatened, the amount demanded, the impact on the victim, any planning or group involvement, your age and background, your criminal record, remorse, and steps taken toward rehabilitation. Outcomes depend heavily on the facts.

Other consequences in Ontario

• Criminal record: a conviction creates a criminal record. Because extortion is indictable, the Parole Board of Canada waiting period for a record suspension is 10 years after the sentence is completed (5 years applies only to summary offences). Some people with multiple serious convictions may not be eligible.
• Travel to the US: a conviction for extortion may make you inadmissible to the United States, and even a pending charge can cause problems at the border.
• Immigration: for permanent residents and other non-citizens, extortion is treated as serious criminality because of its life maximum. A conviction can lead to loss of status and removal. Speak to an immigration lawyer as well as a criminal lawyer before making any decision.
• Employment: a record can affect jobs that require background checks, security clearances, professional licences, or work with money or vulnerable people.

Common defences and issues a lawyer will look at

Every case is different, but a lawyer will often examine:

• Identity: in online cases especially, proving who sent messages or controlled an account can be difficult. Accounts can be hacked, shared or faked.
• Whether there was a threat: the words used must be assessed in context. Section 346(2) also says a threat to start civil proceedings (a lawsuit) is not a threat for extortion purposes.
• Reasonable justification or excuse: for example, a firm but lawful demand to repay a real debt is different from using menaces.
• Intent: whether the Crown can prove you intended to obtain something.
• Credibility: extortion cases often depend on the complainant's account, and motives or inconsistencies may matter.
• Charter issues: whether a search of your phone, computer, home or accounts was lawful (section 8), whether your arrest or detention was arbitrary (section 9), and whether police told you about and let you speak to a lawyer without delay (section 10(b)). If rights were breached, evidence may be excluded.
• Delay: if the case exceeds the Jordan ceilings without good reason, a stay may be possible.

How common is an extortion charge in Ontario?

Statistics Canada police-reported data show that extortion became far more common in Ontario over the past decade. In 2025, Ontario police reported 3,339 extortion incidents, a rate of 20.54 per 100,000 people, and 416 persons were charged. The Canada-wide rate was 29.13. In 2024, Ontario recorded 3,805 incidents (23.57 per 100,000) and 422 persons charged, compared to a national rate of 32.22.

The rate rose more than fourfold from 2016 to a peak in 2023, then fell in 2024 and 2025 while staying well above pre-2020 levels. Ontario's rate has consistently been lower than the national rate. Far fewer people are charged than incidents reported, which may reflect that many schemes, especially online, are hard to trace. More data is available on our Ontario crime statistics page, and local cases appear in our Ontario crime news.

If you are the victim or complainant

If someone is threatening you to get money, images or anything else, you do not have to face it alone.

• Report it: contact your local police. In an emergency or if you are in immediate danger, call 911.
• Keep evidence: save messages, usernames, screenshots, payment requests and dates. In sextortion cases, try not to pay or keep negotiating, and do not delete the conversation.
• Police and the Crown: police investigate and decide whether to lay a charge. A Crown attorney then prosecutes the case. You are a witness, not a party, but you can ask to be kept informed.
• Support: Victim Services Ontario can help with information, emotional support and navigating court.
• Protection: if someone is charged, the court can impose no-contact conditions on their release. You may also be able to seek a peace bond under section 810, a court order requiring a person to keep the peace and stay away, even without a conviction.
• Your voice: if there is a conviction, you can file a victim impact statement describing how the offence affected you.

You can also get your own legal advice about your rights, privacy and any civil options.

When to speak with an extortion lawyer in Ontario

The earlier, the better. Ideally, speak with a criminal defence lawyer before giving any statement to police, and before your first appearance. You have the right to remain silent, and what you say, including messages you send after an arrest, can be used as evidence. A lawyer can help with bail, review disclosure, advise on your election, identify Charter issues and negotiate with the Crown.

If you cannot afford a lawyer, you can apply to Legal Aid Ontario, which may provide a certificate for a lawyer if you qualify. Duty counsel may also help at court.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer at our free consultation page, and victims can request one at our victim consultation page.

This guide is general information about Ontario and Canadian criminal law, not legal advice. Speak with a lawyer about your specific situation.

Frequently asked questions

Do I need an extortion lawyer in Ontario?

In most cases, yes. Extortion is a straight indictable offence with a maximum of life imprisonment, and no discharge is available. A criminal defence lawyer can help at your bail hearing, review disclosure, advise on your election and Charter issues, and negotiate with the Crown. If cost is a concern, you can apply to Legal Aid Ontario, and duty counsel may help at court.

Is extortion an indictable offence in Canada?

Yes. Extortion under section 346 of the Criminal Code is a straight indictable offence. It cannot be prosecuted by summary conviction, and the maximum sentence is life imprisonment. Mandatory minimums of five or seven years apply only where a restricted or prohibited firearm was used, or any firearm was used for a criminal organization.

What is the sentence for extortion in Ontario?

There is no single sentence. Outcomes can range from probation or a conditional sentence in less serious cases to penitentiary time where there was violence, weapons or organized activity. Judges consider the threats, the amount demanded, harm to the victim, planning, your record and rehabilitation. A discharge is not available because the maximum penalty is life.

Is sextortion a crime in Ontario?

Yes. Threatening to share intimate images or information unless someone pays or does something can be charged as extortion under section 346, and may also lead to other charges depending on the facts. If you are being targeted, keep the evidence, avoid paying, and report it to police. Victim Services Ontario can offer support.

Can an extortion charge be withdrawn in Ontario?

It can be. In Ontario, police lay charges, but Crown attorneys review each case and may withdraw or stay a charge if the evidence is not strong enough or prosecution is not in the public interest. A lawyer may raise weaknesses with the Crown. Nothing is guaranteed, and outcomes depend on the facts.

How long does an extortion case take in Ontario?

It varies. Under the Jordan decision, cases should generally finish within 18 months in the Ontario Court of Justice and 30 months in the Superior Court of Justice, excluding defence delay. Cases with heavy digital evidence, a preliminary inquiry or a jury trial often take longer than simpler ones.