QUICK TAKEAWAY
Forcible Confinement: Not to be confused with kidnapping, forcible confinement is the act of holding someone against their will through the use of threats, duress, force or the exhibition of force. The key difference is that if you confine someone and then move them to another location against their will, you can be charged with kidnapping. Covered under s.279 (1) of the Criminal Code, a conviction for forcible confinement can result in a prison sentence of up to 10 years and can be prosecuted as an indictable offence or by summary conviction
Table of Contents:
What is 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.
What is Needed to Convict
To win a conviction the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you held the victim without their consent 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.
Treated as a Summary Conviction or Indictable Offence
Forcible confinement is considered a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence, which allows the Crown prosecutor to proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences or by summary convictionUsed for lesser offences. You will face more severe penalties such as prison if the Crown proceeds with the charge as an indictable offence.
Penalty for Forcible Confinement
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 elects to proceed with the charge by summary conviction, you are liable to imprisonment for a term not exceeding 18 months. How the Crown proceeds and the penalty you receive will depend on such factors such as the circumstances involved and your prior criminal record.
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The Breton Law Group
VINCENT A GILLIS
Khattar & Khattar
Lorway Maceachern Mcleod Burke
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Portside Law Llp
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
