Kidnapping is taking or moving a person against their will so they can be confined, sent out of Canada, or held for ransom or service. It is an indictable offence with a maximum sentence of life imprisonment, and a conviction leaves a criminal record that can affect your job, travel to the U.S., and immigration status.
In Calgary, kidnapping charges are heard at the Calgary Courts Centre, and a bail hearing decides whether you are released while your case goes on.
KEY TAKEAWAYS
- Kidnapping is confinement plus moving the person. Confining someone without moving them is forcible confinement, which carries up to 10 years.
- Using a firearm, acting with a criminal organization, or kidnapping a child under 16 triggers a mandatory minimum sentence of 4 or 5 years, rising to 7 years for some repeat offences.
- Only the Crown decides whether a kidnapping charge goes ahead. The alleged victim’s wishes can influence that decision, but they do not end the case.
- Contacting the alleged victim or any witness can lead to new charges and stricter bail conditions.
- Mistaken identity, lawful authority or necessity, Charter violations, and lack of knowledge are all defences Cory uses to challenge the Crown’s case.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with kidnapping, forcible confinement, and other serious violent offences in Calgary and has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
With kidnapping and confinement files, defences are built long before trial. Kidnapping cases come down to what the Crown can prove: that the person was confined against their will, that they were moved, and that you are the person who did it. Cory reviews every piece of disclosure, including witness statements, surveillance footage, and police notes, for gaps on each of those points and puts them in front of the Crown while the charge can still be withdrawn or reduced.
Kidnapping and confinement allegations arise in a few ways: during a domestic dispute or breakup, over a drug debt or money owed, during a robbery or home invasion, or when someone is caught up in a plan made by others. Each one leaves a record of texts, calls, videos, and earlier statements, and each one is a place where the Crown’s account can break down. Cory has represented clients accused in these circumstances. He has found the gaps in each and put them before the Crown, a judge, or a jury.
If you have been charged with kidnapping or forcible confinement, or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, for a free consultation.
WHAT COUNTS AS KIDNAPPING IN CALGARY?
Kidnapping and forcible confinement are both covered under section 279 of the Criminal Code of Canada. Both offences involve confining another person against their will.
Kidnapping is treated as a more serious crime, and the maximum and mandatory minimum sentences reflect that difference:
|
OFFENCE OR CIRCUMSTANCE |
MAXIMUM SENTENCE |
MANDATORY MINIMUM SENTENCE |
|---|---|---|
| Forcible confinement (confining a person against their will) | 10 years (indictable) or 2 years less a day (summary offence) | None |
| Kidnapping (confinement, plus moving, taking, or transporting the person) | Life imprisonment | None, unless a circumstance below applies |
| Kidnapping, using any firearm | Life imprisonment | 4 years |
| Kidnapping, using a restricted or prohibited firearm | Life imprisonment | 5 years (7 for a second offence) |
| Kidnapping, linked to a criminal organization, using a firearm | Life imprisonment | 5 years (7 for a second offence) |
| Kidnapping, victim under 16 (accused is not their parent, guardian, or other person with lawful care of the child) | Life imprisonment | 5 years |
These serious penalties come on top of the lifelong consequences of a criminal record, which can affect your:
- Job, professional licence, and career.
- Ability to travel to the U.S.
- Immigration status.
A strong defence, built early, gives you the best chance of avoiding these outcomes.
WHAT SHOULD YOU DO RIGHT NOW?
If you’re accused of a kidnapping offence in Calgary, the first 24 hours after an arrest can shape your case.
These steps can help protect you:
- Stay silent beyond basic identification. Anything you say to the police can be used against you later.
- Ask for a lawyer right away. Early legal advice can affect your bail conditions and your entire case strategy.
- Do not contact the alleged victim or any witnesses. This can lead to additional charges and hurt your bail conditions.
- Write down everything you remember while it is fresh. Dates, times, and who was present can matter later.
The earlier you involve a kidnapping offence lawyer, the quicker you can start protecting yourself from this serious charge.
“Often, in kidnapping and confinement cases, there is a mitigating circumstance or a serious misunderstanding behind an event. It looks far worse on paper than it was in reality. Our job is to find that story and put it in front of the Crown before it becomes a life-changing conviction.”
Cory Wilson, Criminal Defence Lawyer
HOW CAN CORY WILSON HELP YOU THROUGH EACH STAGE OF THE COURT PROCESS?
Most kidnapping charges in Calgary move through the following stages:
- Arrest and detention. Depending on the severity of the allegation, you may be held at the Calgary Remand Centre pending a bail hearing. Cory can visit you there and start working on your release.
- Bail hearing. A judicial interim release hearing decides whether you can be released while your case is ongoing and on what conditions. Cory represents you at this hearing.
- Court appearances. Kidnapping charges are heard at the Calgary Courts Centre, located at 601 5th Street SW. The same building houses both the Provincial Court of Alberta and the Alberta Court of King’s Bench. At the first court appearance, Cory will obtain the disclosure package containing the evidence against you.
- Resolution or trial. Your case may end with a withdrawal, a negotiated resolution, or a trial before a judge or jury. Cory has extensive trial experience, which can be advantageous in some cases.
Cory Wilson can push for your release on reasonable bail conditions. He and his team interview witnesses, review surveillance footage, check police notes for inconsistencies, and start work on your defence.
WHAT ARE THE MAIN DEFENCES FOR KIDNAPPING?
After reviewing the evidence, Cory Wilson builds your defence around one or more of the following:
- Mistaken identity. The Crown must prove that you are the person who committed the offence. A credible alibi can seriously undermine the Crown’s case.
- Lawful authority or necessity. If you had a real, lawful reason to move the person, such as protecting them from danger, this can remove a key part of the charge or support a necessity defence.
- Charter violations. If police did not follow proper procedure during the investigation, arrest, or charge, the evidence they gathered can be excluded from trial.
- Lack of knowledge or involvement. If you did not know that someone else planned to confine or move the person, this can show you were not part of the crime.
Once we understand the strength of the Crown’s case, Cory can work toward a withdrawal, an alternative resolution, or prepare a full trial defence.
“I have cross-examined witnesses in serious criminal cases, like confinement and kidnapping-style trials, for 16 years. The Crown has to prove every element beyond a reasonable doubt, and that is where these cases are won or lost.”
Cory Wilson, Criminal Defence Lawyer
TESTIMONIALS
Recent clients have said this about Cory.
Magnificent lawyer
“I was falsely accused by a random person who wanted to damage me. I was very down because I did nothing wrong but the false allegations were very serious and I did know that I need a lawyer to represent me… I have no words to describe how magnificent a lawyer he is. At the end, justice was served.”
— J.L.
You will not regret hiring Cory
“He is extremely professional and organized. This experience has opened my eyes to the importance of getting a professional in the correct field. If you are looking for a criminal defense lawyer, you will not regret hiring Cory! 5/5. This man saved my life and got all charges dropped.”
— G.S.
One of the best lawyers in the city
“Cory Wilson is hands down one of the best lawyers in the city. Handled my case with professionalism and efficiency. 10/10 highly recommend Cory.”
— P.B.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Kidnapping charges are commonly laid alongside the following offences:
- Forcible confinement. Holding a person against their will without moving them. The Crown often lays it with kidnapping as a second, lesser charge.
- Assault and assault causing bodily harm. Any force used to take or hold the person can lead to a separate assault charge.
- Assault with a weapon. Laid when a weapon was used or threatened during the incident.
- Uttering threats. Laid when threats were made to force the person to go along or to stop them from reporting.
- Robbery. Laid when property was taken by force or threats during the same incident.
- Firearm offences. Possessing or using a firearm brings separate charges and raises the mandatory minimum sentence for kidnapping.
- Domestic assault. When the alleged victim is a current or former partner, the case is handled as a domestic violence file.
Each added charge carries its own penalties. Cory reviews every count together and uses a weakness in one to challenge the others.
FREQUENTLY ASKED QUESTIONS
CAN A KIDNAPPING CHARGE BE REDUCED TO FORCIBLE CONFINEMENT?
Yes. Forcible confinement is part of every kidnapping, so if the Crown cannot prove the person was moved, a judge or jury can convict on confinement alone. The Crown can also accept a plea to forcible confinement during resolution discussions.
CAN I GET BAIL ON A KIDNAPPING CHARGE IN CALGARY?
It depends on the facts, including whether a weapon was involved and your criminal history. A bail hearing at the Calgary Courts Centre decides this. Having a lawyer present significantly improves your chances of reasonable release conditions.
WILL A KIDNAPPING CHARGE AFFECT MY IMMIGRATION STATUS?
It can. If you are not a Canadian citizen, a conviction for kidnapping can lead to removal from Canada. Speak with a lawyer before entering any plea.
WHAT IF THE ALLEGED VICTIM DOES NOT WANT TO PROCEED WITH THE CHARGES?
The Crown decides whether to proceed with a kidnapping charge in Canada. A victim’s wishes can influence the Crown’s decision, but they do not automatically end the case.
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
