If you are facing criminal confinement charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Criminal Confinement also known as ‘Forcible or Unlawful Confinement’ is a criminal offence involving the use of force, threats or psychological manipulation to imprison or coerce someone to remain in a place against their will.
Criminal confinement is a hybrid offence, which means the Crown Prosecutor can process it as a summary (less serious) or indictable (more serious) offence. The penalty can range from 18 months to 10 years in jail depending on whether it’s a summary or indictable offence. For a broader overview of how sentences are decided, see our page on criminal sentencing in Toronto.
The seriousness of the punishment will depend on factors like how long the person was confined, whether weapons were used, if the victim was hurt, and the offender’s criminal history.
Criminal confinement and kidnapping are different offences. Kidnapping involves the moving of a person, while confinement is forcing another person to stay somewhere. This means all kidnappings are confinements, but not all confinements are kidnappings. Kidnapping is considered a more severe form of unlawful confinement.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of criminal confinement beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto criminal confinement lawyer today by calling (647) 986-8077.
Key Takeaways
- Criminal confinement is any unlawful imprisonment or detention of a person in a place against their will and without legal authority.
- A person convicted with Criminal confinement may be liable to a jail term of 18 months to 10 years or more depending on how the Crown decides they are proceeding (summary or indictable) and the severity of other charges alongside it.
- A person may be granted bail if there are no reasonable grounds for suspicion that the suspect will not flee or pose a threat to others if released.
- Bail conditions typically include no contact with the alleged victim and possibly travel restrictions.
- These charges can be successfully fought with a proper legal defence.
- Possible defences include consent, lack of evidence, or lawful authority to detain.
How can a criminal confinement lawyer in Toronto help?
A Strategic Criminal Defence lawyer can be very helpful when you are facing these serious charges.
A criminal confinement charge is a very serious criminal offence and usually charged with other offences such as theft, breaking and entering, or various types of assault. As a result, very serious penalties may be imposed if a person is convicted with the offence. Due to this, an experienced member of our team can guide an accused through the trial process as well as offer guidance on navigating the criminal justice system and court proceedings. Learn more about the criminal court process in Toronto.
At Strategic Criminal Defence, the accused can be assured of excellent precharge legal services affording them a detailed and comprehensive breakdown of their rights as regards the case, as well as offering them guidance on interacting with the victim and police. This is important without agreeing to, acting in a manner, or giving verbal statements that could hurt their case.
Our team can also gather evidence that aligns with the testimony of the accused, as well as interview and sort through witness statements to add credibility to the defence. Where necessary, the services of expert witnesses may be retained depending on the nature of the offence.
Most importantly, our lawyers know how to talk to and negotiate with prosecutors in the court system to find the best possible outcome for your situation.
Criminal Confinement Charges in the Criminal Code of Canada
According to section 279(2) of the Criminal Code:
Everyone who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Examples of Criminal Confinement Charges
In Toronto, you could be charged with criminal confinement for the following situations:
- Detaining a romantic partner or spouse due to an argument or fight
- Forcing or manipulating someone to accompany a person to a certain location to get a ransom or coercing them to change location at gunpoint
- Restraining or locking up property owners or staff during a robbery
- Holding someone captive in a basement
- Restricting or restraining a person from leaving a car or house
- Preventing a person from leaving their home by threatening to harm them if they do
Consequences of a Criminal Confinement Charge
If you are found guilty of criminal confinement in Canada, you could face serious consequences that could change your life forever.
The charge is considered a hybrid offence, so the Crown has the right to proceed summarily or by indictment.
- Summary Conviction: Maximum $5,000 fine and/or up to 2 years imprisonment
- Conviction by Indictment: Maximum 10 years’ imprisonment
Judges will consider if the person was violent, if they have a criminal record, and their personal circumstances when deciding on a sentence.
Where a conviction is made, the offender may be required submit a DNA sample to the National DNA database and may be banned from possessing firearms for a period of at least 10 years. A conviction also leaves you with a criminal record, which can make it harder to find a job, travel, and find a place to live.
If you’re not a citizen of Canada and you are found guilty of this crime, your immigration status could change. Depending on the details of your sentence, you might face deportation.
Criminal Confinement Charge Defences
If someone accuses you of criminal confinement, you have the right to defend yourself. If you have a strong defence, you might be able to get your case thrown out or your charges dropped. A lawyer from our firm can help you determine which of these defences might apply to your situation.
Here are some defences that might apply in different situations:
- Identity: This key element must be proven but sometimes may be difficult if there were no other witnesses to the offence. Based on the circumstances, it could be argued the accused had an alibi of where they were at the time of the offence or they were wrongly identified because the available footage of the incident is low quality.
- Lack of Intent: The defence could argue that the accused had no intent of restricting the movement of the victim, and that the victim voluntarily remained with the accused. The defence may also raise that there was a means of escape available that was known to the victim and that the victim did not make use of it.
- Justification for Confinement: The defence could also argue that the accused had the legal authority to detain the victim as a means of self-defence, due to fear of property being damaged or personal injury. For example, a shopkeeper has reason to suspect that an individual was shoplifting and held them until police arrived.
- Any applicable Charter Defences: The Canadian Charter of Rights & Freedoms provides guidelines on the rights of everyone residing in Canada. The defence may want to raise that the accused was not informed of their rights or that one or more of their rights was violated during or after the period of arrest.
Criminal Confinement Charge Investigation
The investigation process usually begins when a complaint is made at a local police station. The complainant may be asked to make written statements at that time. Based on this information, a police investigation will begin.
The investigation process will typically involve visiting and securing the scene to ensure the safety of the victim. Any suspects found could be detained and medical assistance may be provided in the event that the victim sustained injuries in course of the offence.
Surveillance footage, DNA samples, as well as any other admissible evidence will also be collected for review in order to prove the presence of the suspect at the crime scene. The police may also need to interview any available witnesses to get more details on the case.
First, the police talk to the victim in detail about where and how long they were held, how they were kept there, and whether threats or force were used. The police also talk to people who might have seen the victim being held.
Electronic evidence is also very important. The police look at video from security cameras that might show the victim going into a building but not being able to leave. They also look at the text messages, phone calls, and social media messages that the accused and the victim sent to each other.
Bail Conditions for Criminal Confinement Charges
If you are charged with criminal confinement in Canada, you may be able to get out on bail until your trial, but you have to follow strict rules.
These may include a curfew or house arrest, restricted access to certain places and persons, seizure of weapons, barring from use of drugs or alcohol, and barring from travel as the case may be.
The judge will likely tell you not to talk to the who you held against their will. You can’t call them, text them, email them, or have someone else do it for you. You will need to find a new place to stay if you lived with the person.
You will also be told to stay a certain distance away from the victim’s home, school, or job. The court might also tell you not to go to the place where the alleged confinement took place. The court often makes you check in with a bail supervisor or police station on a regular basis.
If you were threatening or had weapons with you, you might be put under house arrest or made to wear an electronic monitoring device.
If you break any of your bail conditions, you could get new criminal charges and have to go back to jail right away.
