Canadians Against Extortion

Know Your Rights

Know Your Rights

You have more legal protection than you think.

If you’re being extorted, you may feel powerless—like the person threatening you holds all the cards. They don’t. Canadian law is firmly on your side, and there are protections in place specifically designed to help people in your situation.

This page explains your rights clearly so you can make informed decisions. Understanding these rights can help you feel more confident about seeking help.

⚠️ Important: This information is educational, not legal advice. Laws can change and every situation is unique. For advice specific to your circumstances, please consult a lawyer. Many offer free initial consultations, and Legal Aid may be available if cost is a concern.

🔒 Your Privacy Rights

Your Communications Are Protected

Under Canadian law, your private communications—including intimate images, personal messages, and private conversations—belong to you. The person threatening you has no legal right to share them with anyone.

Key Legal Protections:

  • Criminal Code Section 162.1 — Non-consensual distribution of intimate images is a criminal offence punishable by up to 5 years in prison
  • Criminal Code Section 264 — Criminal harassment (which includes threats to share information) is punishable by up to 10 years in prison
  • Privacy Act and provincial privacy legislation — Protect your personal information from unauthorized disclosure

What This Means for You

  • Even if you willingly shared images or information with someone, that doesn’t give them permission to share it further
  • Threatening to share private content is itself a crime—they don’t have to actually share it
  • Courts can order the removal of intimate images from websites and platforms
  • You can pursue both criminal charges AND civil lawsuits for privacy violations

The Extortionist Is Breaking the Law, Not You

Many victims worry they did something wrong by sharing private content. You did not. Sharing private content with someone you trusted was not illegal. Using that content to threaten and extort you IS illegal.

🛡️ Reporting Protections

You Won’t Get in Trouble for Reporting

One of the biggest fears victims have is that reporting will somehow backfire. Let’s address this directly:

You are the victim of a crime. When you report extortion, you are reporting someone else’s criminal behaviour. Police and victim services exist to help you, not judge you.

Confidentiality of Victim Information

Your identity and information are protected when you report:

  • Police reports are not public documents—your name won’t appear in newspapers
  • Victim information is protected under the Canadian Victims Bill of Rights
  • Court proceedings can include publication bans to protect victim identity (especially common in cases involving intimate images)
  • Victim services are bound by confidentiality obligations

Victim Services Are Free

You have access to free support services including:

  • Victim Services Units — Available in every province, offering emotional support, information, and help navigating the justice system
  • Crisis lines and counselling — Free confidential support
  • Legal information services — Help understanding your rights and options
  • Court support — Accompaniment and assistance if charges proceed

You don’t need to pay for help. You don’t need to hire a lawyer to report a crime. Support is available to you at no cost.

🍁 Immigration Status & Reporting

Your Immigration Status Is Protected

This is crucial: Reporting a crime to Canadian police does NOT affect your immigration status and does NOT trigger any immigration enforcement.

The Facts:

  • Police do not report crime victims to IRCC (Immigration, Refugees and Citizenship Canada)
  • CBSA (Canada Border Services Agency) is not notified when you report being a victim of crime
  • Your immigration application will not be affected by reporting that you were victimized
  • Victim services do not ask about or report immigration status

Sanctuary City Policies

Many Canadian cities have adopted “sanctuary city” or “access without fear” policies, including:

  • Toronto
  • Hamilton
  • London
  • Vancouver
  • Montreal

These policies mean that city services—including police victim services—are accessible regardless of immigration status. The focus is on helping you, not on your status.

Even Without Status

Even if you are in Canada without status:

  • You still have the right to report crimes
  • You still have the right to access emergency services
  • You are still protected by Canadian criminal law
  • Police priority is investigating the crime, not your immigration status

Don’t let fear of immigration consequences stop you from getting help. This fear is often exactly what extortionists exploit—and it’s based on a misunderstanding of how the system works.

Understanding that what’s happening to you is a serious crime can be empowering. Here’s what the law says:

Extortion — Criminal Code Section 346

“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… to do anything or cause anything to be done.”

Key points:

  • Maximum penalty: Life imprisonment (for extortion with a firearm) or 14 years (other cases)
  • The crime is complete even if you don’t pay—attempting to extort is enough
  • “Anything” includes money, sexual acts, continued relationships, or any other demand
  • Threats don’t have to be explicit—implied threats count

Criminal Harassment — Criminal Code Section 264

Repeatedly threatening or contacting you, or threatening to contact others, constitutes criminal harassment.

Maximum penalty: 10 years imprisonment

Includes:

  • Repeatedly communicating with you against your wishes
  • Threatening conduct directed at you or your family
  • Behaviour that causes you to fear for your safety

Uttering Threats — Criminal Code Section 264.1

Threatening to cause death, bodily harm, or damage to property is a separate crime.

Maximum penalty: 5 years imprisonment (for threats of death or bodily harm)

Non-Consensual Distribution of Intimate Images — Section 162.1

Distributing (or threatening to distribute) intimate images without consent.

Maximum penalty: 5 years imprisonment

What Sentences Actually Look Like

While maximum penalties are severe, actual sentences depend on many factors. However, extortion is treated seriously by courts:

  • First-time offenders often receive 6 months to 2 years for less severe cases
  • Organized or repeated extortion often results in 2-5 years or more
  • Cases involving intimate images typically receive additional charges and penalties
  • Courts can also order restitution (repayment to victims)

📜 Your Rights as a Victim

The Canadian Victims Bill of Rights (2015)

This federal law guarantees specific rights to victims of crime in Canada. You have:

Right to Information

  • To receive information about the criminal justice system and your role in it
  • To receive information about the status of the investigation
  • To receive information about services and programs available to you

Right to Protection

  • To have your security and privacy considered at all stages
  • To request testimonial aids (screens, closed-circuit TV) if you testify
  • To have your identity protected from public disclosure where appropriate
  • To request a publication ban on information that could identify you

Right to Participation

  • To present a victim impact statement
  • To have the court consider your views when decisions are made
  • To have your input considered on decisions that affect your rights

Right to Restitution

  • To have the court consider ordering the offender to pay restitution
  • To have unpaid restitution enforced as a civil court order

How to Exercise These Rights

  • You can make complaints to federal departments or agencies if these rights aren’t respected
  • Victim services can help you understand and exercise your rights
  • You have standing to participate in certain court proceedings

💳 If You Already Paid Under Duress

Paying Under Coercion Does Not Make You Complicit

Many victims feel ashamed or worried because they sent money to their extortionist. This is completely understandable and does not make you a criminal or complicit in any crime.

The legal reality:

  • Paying a demand made under threat is a natural response to coercion
  • Courts understand that people pay extortion demands out of fear—this is exactly why extortion works
  • You were the victim of a crime, whether you paid or not
  • Paying does not prevent you from reporting or pressing charges

You Were Under Duress

Legally, “duress” means being forced to do something through threats or coercion. Actions taken under duress are not truly voluntary. The law recognizes this.

Banks May Help Recover Funds

If you paid via bank transfer, credit card, or e-transfer:

Contact your bank immediately about the fraudulent transaction. Banks have:

  • Fraud investigation departments
  • Chargeback processes for credit card payments
  • Potential to reverse or trace e-transfers in some cases

What to tell them:

  • You were the victim of extortion
  • The payment was made under duress/threat
  • You want to report it as fraud

Important: Report to your bank as soon as possible. Time limits apply for chargebacks and fraud claims. The sooner you report, the better your chances of recovery.

What Recovery Looks Like

  • Credit card payments: Often have the strongest chargeback protections
  • E-transfers: May be recoverable if caught quickly
  • Wire transfers: More difficult but not impossible to trace
  • Cryptocurrency: Difficult to recover, but can be traced for investigation purposes
  • Gift cards: Rarely recoverable, but still worth reporting

Even if funds can’t be recovered, reporting the payment method helps investigators track criminal networks.

🤝 Moving Forward with Confidence

You Have More Power Than You Think

The extortionist is counting on your silence, your shame, and your fear. But:

  • The law is on your side — Everything they’re doing is criminal
  • You have rights — As a victim, you’re entitled to protection and support
  • Help is available — Free services exist specifically to help you
  • Your privacy matters — Systems are in place to protect your identity
  • Immigration fears are unfounded — Reporting protects you, it doesn’t endanger you

Taking the Next Step

When you’re ready:

  1. Consider reporting to police (see our Reporting Guide)
  2. Contact victim services for free support
  3. Talk to a lawyer if you have specific legal questions
  4. Reach out for emotional support — This is traumatic and you deserve help

You Are Not Alone

Thousands of Canadians face extortion every year. You are not the first person to go through this, and there are people who understand and want to help.

📚 Legal Resources

  • Legal Aid — Each province has legal aid services for those who qualify
  • Community Legal Clinics — Free legal advice on many issues
  • Law Society Referral Services — Free 30-minute consultations with lawyers
  • CLEO (Community Legal Education Ontario) — Plain-language legal information

Key Legislation Referenced

Victim Services by Province

  • British Columbia: VictimLink BC — 1-800-563-0808
  • Alberta: Victim Services Alberta — 1-780-427-7217
  • Ontario: Victim Support Line — 1-888-579-2888
  • Quebec: CAVAC — 1-866-532-2822
  • National: Canadian Resource Centre for Victims of Crime — 1-877-232-2610

💬 Common Questions

“Will the police judge me for the content I shared?” No. Police officers are trained professionals who deal with these cases regularly. Their job is to investigate the crime, not to judge your personal choices.

“What if my extortionist is in another country?” You can still report. Canadian police work with international partners. Even if the person can’t be arrested immediately, your report helps track criminal networks and may help other victims.

“I’m too embarrassed to report.” This is completely normal. Remember that victim services staff are trained to be compassionate and non-judgmental. You can also report online or bring a support person with you.

“What if my family finds out?” Your privacy is protected. You can request publication bans, and police don’t contact family members without your permission (unless there’s an immediate safety risk).

“Can I get in trouble for having intimate images of myself?” No. Adults can legally possess intimate images of themselves. The crime is in sharing someone else’s images without consent.

Remember: You have rights. You have options. You deserve help. And the person doing this to you is the criminal, not you.

Last updated: February 2026

This resource is part of the Canadians Against Extortion. It provides general information and is not legal advice. For advice specific to your situation, please consult a qualified lawyer.