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Bill C-381

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-381
An Act to amend the Criminal Code (extortion)

FIRST READING, February 12, 2024

Mr. Uppal

441357


SUMMARY

This enactment amends the Criminal Code to:

(a) amend mandatory minimum penalties in relation to the offence of extortion, including when the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization; and

(b)add arson as an aggravating factor for the purposes of sentencing when a person is convicted of extortion.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-381

An Act to amend the Criminal Code (extortion)

Preamble

Whereas the safety and security of property is essential to a functioning society as well as to the prosperity of individuals and families;

Whereas, according to police reports, there has been a significant increase in rates of extortion in Canada over the last decade;

Whereas new Canadians are particularly vulnerable to extortion, including from overseas criminal organizations, which undermines Canada’s reputation as a safe and orderly society;

Whereas Parliament believes that the federal legislature must ensure that the Criminal Code responds to changing criminal behaviour and reflects the seriousness of criminal offences;

And whereas Parliament believes that the increase in extortion involving the use of a firearm or arson is particularly alarming, as it involves not only property damage but also serious threats to life;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1This Act may be cited as the Protection against Extortion Act.

R.‍S.‍, 1985, c. C-46

Criminal Code

2(1)The portion of paragraph 346(1.‍1)‍(a) of the Act before subparagraph (i) is replaced by the following:

  • (a)if a restricted firearm or prohibited firearm is used in the commission of the offence or if 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

(2)Paragraph 346(1.‍1)‍(b) of the Act is replaced by the following:

  • Start of inserted block

    (a.‍1)if a firearm other than a restricted firearm or prohibited 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

    End of inserted block
  • (b)in any other case, to imprisonment for life Insertion start and to a minimum punishment of imprisonment for a term of three years Insertion end .

(3)Section 346 of the Act is amended by adding the following after subsection (1.‍3):

Aggravating factor

Start of inserted block
(1.‍4)If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person, in committing the offence, also committed an offence under any of sections 433 to 435.
End of inserted block
Published under authority of the Speaker of the House of Commons

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