Kidnapping
Kidnapping involves the movement of the victim to another location and may be done for ransom, sexual assault or can occur in child custody cases.
Jump to section
Plain-Language Summary
SHORT READ
Kidnapping once referred to the seizing and taking of children to enslave them or for other illegal purposes. The Supreme Court of Canada defines kidnappingThe unlawful restraint of a person's liberty by force as the aggravated form of unlawful confinement that includes "the additional element of movement, which increase(s) the risk of harm to the victim by isolating him or her from a place where detection and rescue were more likely." Kidnapping is an indictable offenceA criminal activity punishable by a maximum sentence of life in prison.
What is Kidnapping?
Holding someone against their will is considered forcible confinement. The key difference between forcible confinement and kidnapping is that kidnapping involves taking the victim from one location to another. Kidnapping may be done for ransom, as part of another crime such as sexual assault, or in child custody situations.
You do not have to be the one who physically took or moved the victim to face a kidnapping charge. Under Canadian law, anyone who aids in carrying out a crime can be held just as responsible as the person who commits it directly. This means that if you assisted in any way in committing the kidnapping, you could be charged as a party to the offence under s.21 of the Criminal Code.
Under s.279(1) of the Code, you can be charged if you take a person with intent:
to cause the person to be confined or imprisoned against the person's will; to cause the person to be unlawfully sent or transported out of Canada against the person's will; or to hold the person for ransom or to service against the person's will.
What is Needed to Convict
To win a conviction for kidnapping, the Crown must prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you kidnapped someone and that you did so with at least one of the following intentions: to hold them against their will; to unlawfully send or transport them out of Canada against their will; or to hold them for ransom or to force them to perform a service against their will. The Crown does not need to prove you held the person for any minimum period of time.
Your lawyer may argue that there was consentVoluntary agreement to engage in an sexual act 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 an Indictable Offence
If you have been charged with kidnapping, the Crown will proceed as an indictable offenceA more serious type of Canadian criminal offence. and you can be imprisoned if convicted.
Penalty for Kidnapping
If you are convicted of kidnapping, you can be sentenced to life in prison. The Criminal Code also sets mandatory minimum sentences in certain situations.
If a restricted or prohibited firearm is used in the offence, or if any firearm is used and the offence is connected to a criminal organization:
- Minimum 5 years for a first offence.
- Minimum 7 years for a second or later offence.
If any other firearm is used in the commission of the offence: minimum 4 years.
If the victim is under 16 years of age, and you are not that person's parent, guardian, or lawful caregiver: minimum 5 years.
In all other cases there is no mandatory minimum sentence, but life imprisonment remains the maximum.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Restricted or prohibited firearm, or any firearm with a criminal organization — s. 279(1.1)(a)
IndictableMandatory minimum as written: 5 years for a first offence, 7 years for a second or subsequent offence (s. 279(1.1)(a)(i)-(ii)). Applies where a restricted or prohibited firearm is used, or any firearm is used and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization. Whether an offence counts as second/subsequent is governed by s. 279(1.2) (listed prior firearm-offence convictions, 10-year lookback excluding custody time) and s. 279(1.3) (sequence of convictions only).
Any other firearm used in the offence — s. 279(1.1)(a.1)
IndictableMandatory minimum as written: 4 years where any other firearm is used in the commission of the offence. The 4-year ordinary-firearm minimum in s. 279(1.1)(a.1) remains in the current Criminal Code text. This is different from robbery and extortion, where the parallel 4-year ordinary-firearm minimums were repealed by Bill C-5.
Victim under 16 years of age — s. 279(1.1)(a.2)
IndictableMandatory minimum as written: 5 years — UNLESS the person who commits the offence is a parent, guardian or person having the lawful care or charge of the victim (the exception removes only the minimum; the life maximum still applies). When sentencing under this paragraph the court must take into account the age and vulnerability of the victim (s. 279(1.21)). Some mandatory minimum sentences have been challenged under the Charter. This page summarizes the Criminal Code wording, but a lawyer can advise how the law may apply in a specific case.
Any other case — s. 279(1.1)(b)
IndictableNo mandatory minimum. Kidnapping is indictable-only in every branch of the s. 279(1.1) ladder; the maximum is life imprisonment in all cases and the branches differ only by mandatory minimum. Forcible confinement is a separate offence under s. 279(2). It is covered on its own page.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Kidnapping — s.279
Section 279(1) does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence, including that the accused kidnapped the person and did so with one of the purposes listed in the section — to confine or imprison the person against their will, to send them out of Canada against their will, or to hold them for ransom or service against their will.
Possible issues may still depend on the facts and the evidence, and can include identity, whether the person was moved or confined, whether it was against the person’s will, and whether the accused had the required intent. This is general legal information, not legal advice.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Beyond a reasonable doubt Glossary entry →
- The high standard the Crown must meet to prove guilt.
- Consent Glossary entry →
- Voluntary agreement to engage in an sexual act
- Indictable offence Glossary entry →
- A more serious type of Canadian criminal offence.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
-
Criminal Code s. 279(1) Main offenceLast reviewed by CCH: 2026-07-05View official source ↗
-
Criminal Code s. 279(1.1) Sentencing factor (punishment ladder — life maximum in all branches; firearm...Source current to: 2026-05-26View official source ↗
-
Criminal Code s. 279(1.2)-(1.3) Sentencing factor (second/subsequent firearm-offence counting — 10-year lookb...Source current to: 2026-05-26View official source ↗
-
Criminal Code s. 279(1.21) Sentencing factor (under-16 victim — court must consider age and vulnerability)Source current to: 2026-05-26View official source ↗
-
Criminal Code s. 279(2)Source current to: 2026-05-26View official source ↗
-
Criminal Code s. 787 General penalty (summary conviction default)Source current to: 2026-05-26View official source ↗
Government References
Find a Criminal Defence Lawyer Near You
If you or someone you know is facing criminal charges, a criminal defence lawyer can review the situation and explain the options.
Search the Lawyer DirectoryCriminal Code Help does not endorse or recommend specific lawyers.
Report an inaccuracy or concern about this page
Report an inaccuracy or concern about this page
Report: Kidnapping
Use this form to report a possible error, outdated information, unclear wording, broken link, or other concern about this page.
General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.