Forcible Confinement Lawyer in Toronto

The offence of forcible (or unlawful) confinement is a straight indictable offence that is found under s. 279(2) of the Criminal Code of Canada.

The section states that “[e]very one who, without lawful authority, confines, imprisons or forcible seizes another person is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years”.

The essence of the offence is the holding or confining of a person without the lawful authority to do so.

The Crown must prove certain elements, including that:

  1. a) there was physical restraint;
  2. b) the physical restrain was contrary to the wishes of the person restrained;
  3. c) the victim submitted unwillingly to the physical restraint; and
  4. d) the restraint deprived the victim of his/her ability to move from one place to another.

To speak to a Forcible Confinement lawyer, call (647) 878 – 6355.  The first consultation is free.