Definition: Section 279 of the Criminal Code of Canada defines this as confining, imprisoning, or forcibly seizing another person without lawful authority. This means unlawfully restricting someone’s freedom of movement.
Important Points
Common Evidence
Forcible Confinement is a hybrid offence, meaning the Crown decides whether to proceed summarily or by indictment:
Summary Conviction: Less serious cases.
Indictment: More serious cases, potentially with longer confinement or other aggravating circumstances.
Securing Your Release: An arrest for forcible confinement can have varying outcomes depending on the specific circumstances. It might involve immediate release or require a bail hearing. We’ll work towards the best possible outcome by advocating for your release, so you can continue your life while the case proceeds.
Fighting the Charges: We’ll carefully analyze the evidence against you. Potential defence strategies might include:
Often yes, however, complex situations like a parent temporarily locking a child in a room for disciplinary reasons may fall into a grey area.
Possibly. Whether a bouncer has lawful authority to use restraint is a complex question depending on the specific situation.
Physical injury isn’t required, though the severity of the incident will impact how the Crown proceeds and potential sentencing.
Forcible confinement charges have a broad range of severity and can have significant consequences. Don’t risk your future. Seek immediate legal advice. Contact us for a free case review to discuss your specific situation and potential defence options.
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