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:
- a) there was physical restraint;
- b) the physical restrain was contrary to the wishes of the person restrained;
- c) the victim submitted unwillingly to the physical restraint; and
- 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.