Understanding Forcible Confinement Charges
in Canada: A Comprehensive Guide

1. Introduction: Why You Need an Expert Criminal Lawyer for Forcible Confinement Charges

Forcible confinement is a serious offence under Canadian law, involving allegations of unlawfully restricting another person’s movement. These charges can arise in domestic disputes, workplace conflicts, or other interpersonal situations. At Guruveer Sangha Law, we are committed to providing strategic and effective legal defence for those accused of forcible confinement.

2. What Is Forcible Confinement Under Section 279 of the Criminal Code?

Under Section 279(2) of the Criminal Code of Canada:

“Every one who, without lawful authority, confines, imprisons, or forcibly seizes another person is guilty of an indictable offence.”

Forcible confinement does not require physical restraints; even psychological coercion or intimidation to restrict someone’s freedom can qualify as confinement under this section.

3. What the Crown Must Prove

To secure a conviction for forcible confinement, the Crown must prove beyond a reasonable doubt:

1. Unlawful Confinement: The accused restricted the movement of another person without lawful authority.
2. Intent: The accused acted intentionally to confine or imprison the individual.
3. Lack of Consent: The alleged victim did not consent to the confinement.

Related page: What the Crown Must Prove

4. Examples of Forcible Confinement

• Preventing someone from leaving a room or building.
• Locking someone in a car or another confined space.
• Using threats or intimidation to prevent someone from moving freely.
• Restricting a partner’s movement during a domestic dispute.

5. Penalties for Forcible Confinement Convictions

The penalties for forcible confinement depend on the severity of the offence and the circumstances surrounding the case. Potential consequences include:

• Imprisonment: Sentences can range from several months to 10 years for an indictable offence.
• Criminal Record: A conviction can affect employment, housing, and travel opportunities.
• Probation: Conditions such as no-contact orders or counselling requirements may be imposed.

Related pages: Record Suspensions in Canada, Restraining Orders in Canada

6. Defences Against Forcible Confinement Charges

a. Consent
If the alleged victim consented to the confinement, this can be a strong defence. Evidence supporting mutual agreement is critical in these cases.

b. Mistaken Identity
If the accused was not the individual responsible for the alleged act, evidence such as witness testimony or surveillance footage can support this defence.

c. Lack of Intent
The defence can argue that the accused did not intentionally restrict the movement of the complainant, making the act unintentional or accidental

7. Why Consulting a Criminal Lawyer Is Crucial

Forcible confinement charges can lead to severe consequences, including long-term implications on your personal and professional life. At Guruveer Sangha Law, we provide thorough legal representation, scrutinizing the evidence and challenging the Crown’s case to secure the best possible outcome.