Forcible Confinement

Holding someone against their will is considered forcible confinement. It is included in Part VIII of the Criminal Code dealing with Offences Against the Person and Reputation and is formally defined by the Code as depriving an individual of the liberty to move from one point to another by unlawfully confining, imprisoning or forcibly seizing that person. It is not necessary to physically hold someone against their will. If you use threats or intimidation to deny someone their liberty you can be charged.

Forcible confinement charges can be laid in connection with other offences, such as sexual assault and robbery or in instances such as domestic altercations where one partner is not permitting the other to leave.

To win a conviction the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you held the victim without their consentVoluntary agreement to engage in an sexual act and there was at least a minimal deprivation of their freedom. Barring other witnesses, the case can come down to one person’s word against the other and the Crown would have to demonstrate that the victim is not fabricating the testimony against you. 

Your lawyer may be able to argue that there was consent or a mistaken belief of intent. You may also be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.

Forcible confinement is considered a hybrid offenceAn offence the Crown can proceed with summarily or by indictment., which allows the Crown prosecutor to proceed with the charge as an indictable offenceA more serious type of Canadian criminal offence. or by summary convictionLess-serious criminal offences. You will face more severe penalties such as prison if the Crown proceeds with the charge as an indictable offence.

If you are convicted of the indictable offence of forcible confinement, you can be sentenced to up to 10 years in prison. If the Crown proceeds by summary conviction, the maximum penalty is two years less a day in jail (and/or a fine of up to $5,000). How the Crown proceeds and the penalty you receive will depend on such factors such as the circumstances involved and your prior criminal record.