Forcible confinement, which can also be called forced confinement, forceful confinement, or false imprisonment, is a very serious offence in Canada. What qualifies as forcible confinement? What are the penalties? What are the most common defences for someone accused of this offence? We answer these questions below.
What is in the Criminal Code for Forcible Confinement in Canada?
As outlined in section 279 (2) of the Criminal Code of Canada (the “Code”), forcible confinement means effectively imprisoning someone by forcing them to stay in the same place against their will and without the authority to do so. The victim does not have to be in a locked room or tied up for an offence to be regarded as forcible confinement: threats, physical force, or psychological manipulation could all be used to keep the victim from leaving.
What Are Some Examples of Forcible Confinement?
“Forcible confinement” can apply to a broad range of circumstances. Some common examples are:
- Forcing someone to stay in their home by threatening to harm them if they leave.
- Locking the staff of a business into a room while robbing the business.
- Blocking the exits from a location to prevent someone from leaving.
Some less common acts that could also be considered forcible confinement are:
- Pranks that have gone wrong, such as dressing up as a police officer and telling someone they are under house arrest.
- Religious practices that restrict members’ freedom to leave.
- Escape rooms where the clues are so difficult to solve that the participants are effectively trapped and become distressed because they’re unable to escape.
What is The Difference Between Forcible Confinement and Kidnapping?
Forcible confinement and kidnapping are both covered in section 279 (2) of the Code. They are essentially the same offence, but kidnapping involves moving someone from one location to another against their will and without proper authority. For example, a taxi driver who picks up a passenger and doesn’t allow them to exit the cab would be committing the offence of kidnapping by confining someone to the taxi and taking them from one place to another.
How Long Can You Go to Jail for Forcible Confinement in Canada?
Forcible confinement is a hybrid offence in Canada, meaning that the Crown attorney (the “Crown”) can proceed with the charge as an indictable offence or by summary conviction. An indictable offence is the more serious of the two. The maximum penalties are 18 months for a summary conviction and ten years for an indictable offence.
The use of extreme violence or threats, harm to the victim, and your past criminal record are some of the factors the Crown can use to decide whether to proceed with a summary conviction or an indictable offence.
What Are the Elements of Forcible Confinement Charges in Ontario?
To secure a conviction on a forcible confinement charge, the Crown must show, beyond a reasonable doubt, that:
- The victim was, in fact, confined or prevented from moving from one place to another.
- You are the person who confined the victim.
- You intended to confine the victim.
- The victim did not consent to the confinement.
- You knew, or should reasonably have known, that the victim did not consent to the confinement.
- You did not have the authority to restrain the victim.
What Are the Legal Defenses for Forcible Confinement?
If you are charged with forcible confinement, the first step in building your defence is to hire an experienced criminal defence lawyer, preferably one in the jurisdiction where you were charged. Do not speak to the police or any other authority unless your lawyer is with you.
Your lawyer will work with you on developing your defence. There are several arguments they might pursue, including:
- Your rights under the Canadian Charter of Rights and Freedoms (the “Charter) were violated. The Charter protects you from unreasonable search and seizure. Your lawyer will examine the evidence against you and the manner in which it was obtained. If it was obtained illegally, your lawyer will move to have that evidence excluded at trial.
- You are not the person who confined the victim. The Crown must show that it was you who committed the offence. Your lawyer may choose to challenge the Crown’s evidence for this. If, for example, the victim’s memory is spotty or video evidence is grainy, this could be used in your defence.
- The victim was not actually confined. If the person making the accusation had a means of escape and knew about the means of escape, they were not truly confined.
- You did not intend to restrain the victim. If, for example, the accusation resulted from a misunderstanding, your lawyer might argue that you lacked the intent to confine the victim.
- The person making the accusation consented to the confinement.
- You had the legal authority to confine the person, or you had a justification for doing it. This might apply if you are a security guard and you restrained someone in the course of doing your work or if the person alleging the confinement was damaging your property, and restraining them was the only way to stop them.
Remember that the Crown must prove the elements of the crime beyond a reasonable doubt. Working with you, your lawyer will introduce doubt wherever possible to secure a verdict that is in your favour.
If you have been charged with forcible confinement in Ontario, Zamani Law is prepared to build your defence alongside you. Our highly experienced team will get to work immediately by securing and examining the circumstances of your arrest and the evidence the Crown has against you. We will work to identify any improprieties related to your arrest and the search of your belongings, look for flaws in the Crown’s case, and challenge the credibility of any witnesses the Crown brings forward.
Being charged with a serious offence such as forcible confinement is confusing and disorienting. Let the team at Zamani Law guide you through the process. With our deep knowledge of the criminal justice system in Ontario, we are adept at shepherding clients through their interactions with the police, the Crown, and the court, including your surrender to the police, your bail hearing, your appearance in court, and anything you need after you receive your verdict. Remember the first rule of being charged with an offence: call a lawyer. Make that lawyer Zamani Law. Contact us today for a free consultation.
