What is Forcible Confinement?

Forcible confinement is treated harshly by the Canadian criminal justice system because restricting someone’s freedom impinges on a basic human right.

It involves forcibly seizing and confining (or “imprisoning”) another person without lawful authority or consent for a significant period of time.

While it is a similar offence to kidnapping, with both involving the detention of a person against their will, there is an important difference explained below.

Forcible Confinement charges in Alberta

The charge of forcible confinement is outlined in section 279(2) of the Criminal Code. This offence often accompanies other criminal charges in Alberta like breaking and entering, sexual assault, and theft.

It arises in two scenarios, in particular:

1. In a romantic relationship, where the alleged victim is detained in a room in the home due to a fight or argument.
2. During a residential or commercial robbery, where the property owners/employees are restrained or locked up so that another crime can be carried out

Even a relatively brief period of confinement can be enough for forcible confinement charges to be filed against you.

While you may not be convicted of forcible confinement in Alberta if the alleged victim was able to escape from their confinement, it is possible to be convicted even if the alleged victim did not resist their imprisonment.

Note that law enforcement officers can detain people by following due process and observing their rights under the Canadian Charter but civilians are not generally permitted to restrict the freedom of movement of another person.

What are the consequences of a forcible confinement conviction?

The potential penalties associated with forcible confinement are extensive. The Crown prosecution will seek a jail term in the vast majority of cases. In the worst-case scenario, you could be imprisoned for 10 years.

Additionally, offenders need to submit a sample of their DNA to the national DNA database and will be banned from possessing firearms for at least 10 years.

As mentioned, this offence often accompanies other offences. The total sentence may extend well beyond the penalties paid for the confinement crime.

If you are accused of this offence, it is essential to take prompt legal advice to prevent unnecessarily harsh consequences for your immediate and long-term future.

The prosecution will need to show that force was used to take control of the individual and that the action was intentional, unlawful and without the consent of the confined individual, who was held with no possibility of escape for a significant period of time.

If it is the first offence and no dangerous weapon or firearm was used in the commission of the crime, some leniency may be shown.

Sometimes, the charges can be dismissed or downgraded so that no jail time is served – but this depends partly on the skills of your lawyer as well as the precise circumstances of the case.

Kidnapping vs forcible confinement

There is often understandable confusion between the crimes of kidnapping and unlawful confinement.

Kidnapping is dealt with in Section 279(1.1) of the Criminal Code.

For a kidnapping charge to be filed, the element of moving a confined individual from one place to another must be present. This element is not required for a charge of forcible confinement.

Generally, kidnapping requires more than the simple movement of a confined individual from one room to another in a home. It frequently involves taking a person to another location in the town, city, province, or even outside the country.

Because of these extra steps, kidnapping is considered a more serious offence than forcible confinement and is liable for harsher penalties.

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To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.