Is It a Crime to Not Let Someone Leave in Canada?

Yes, it is a criminal offence to hold anyone against their will by using threats, coercion, or force. Depending on the circumstances, you may be charged with forcible confinement or kidnapping under the Criminal Code of Canada.

These charges arise in various situations, from domestic disputes where one partner alleges the other would not allow them to leave a residence, to incidents connected with robbery or sexual assault.

What Is Forcible Confinement?

Forcible confinement involves depriving an individual of the liberty to move from one place to another by unlawfully confining, imprisoning, or forcibly seizing that person.

Under Section 279(2) of the Criminal Code, everyone who, without lawful authority, confines, imprisons, or forcibly seizes another person is guilty of an indictable offence punishable by up to ten years imprisonment, or up to 2 years less a day for a summary conviction, plus potential fines or probation.

What Is the Difference Between Forcible Confinement and Kidnapping?

While both offences involve holding someone against their will, kidnapping is a more serious charge that involves additional elements.

Under Section 279(1), kidnapping occurs when a person is taken with the intent to confine or imprison them against their will, transport them out of Canada against their will, or hold them for ransom or to service against their will.

The key distinction is that kidnapping typically involves transporting a person to another location. While kidnapping necessarily entails forcible confinement, forcible confinement can occur without kidnapping.

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What Are Common Examples of Forcible Confinement?

Forcible confinement charges can apply to a broad range of circumstances, including:

• Forcing someone to stay in a residence by threatening harm if they try to leave
• Locking store staff in a room while robbing the business
• Blocking exits from a location to prevent someone from leaving
• Refusing to allow someone to exit a vehicle by locking the doors or driving in a manner that prevents them from safely exiting

 What Are the Penalties for Kidnapping?

Kidnapping carries severe penalties under the Criminal Code. The offence is a straight indictable offence punishable by a maximum of life imprisonment, with no mandatory minimum sentence in basic cases. However, mandatory minimum sentences apply in certain aggravated circumstances.

If a restricted or prohibited firearm is used, or if any firearm is used in connection with a criminal organization, the minimum sentence is five years for a first offence and seven years for subsequent offences. When any other firearm is used, the minimum sentence is four years.

When the victim is under 16 years of age, and the accused is not a parent, guardian, or person with lawful care of the child, the minimum sentence is five years. Courts must consider the victim’s age and vulnerability when imposing a sentence.

 What Must the Crown Prove for Forcible Confinement?

To convict, the Crown must prove beyond a reasonable doubt that the complainant was confined, imprisoned, or forcibly seized. Moreover, it must prove that this happened without lawful authority and that the accused was reckless (or was wilfully blind to) whether their actions would deprive the victim of their liberty.

This means the Crown must establish that:

• The victim was objectively deprived of their liberty to move freely (i.e., restricted from one place to another).
• The restraint lasted for a significant period (not merely momentary or incidental to another act) and involved coercive domination where the victim could not move according to their own inclination or desire.
• The victim did not consent to the restriction (or any apparent consent was invalid due to fear or coercion).

What Are the Legal Defences to Forcible Confinement?

Several defences may be available depending on the circumstances of your case.

Mistaken identity: Your lawyer can challenge the Crown’s evidence identifying you as the person who committed the offence. The complainant’s credibility or memory of the alleged incident may be questionable.

No actual confinement occurred: If it can be shown that the complainant had the option of leaving unharmed, your lawyer can argue that they were not truly confined.

Lack of intent: The accusation may have resulted from a misunderstanding or misinterpretation of events, and you did not intend to confine the complainant.

Charter violations: The Canadian Charter of Rights and Freedoms protects everyone from unreasonable search and seizure. If investigators overstepped their limits in building their case, your lawyer may ask for evidence to be excluded at trial.

Lawful authority or justification: In limited circumstances, it may be argued that restraining someone was the only way to prevent them from damaging property or hurting themselves or others.

How Common Are Forcible Confinement Charges?

Statistics Canada combines forcible confinement with kidnapping in its reporting, making it difficult to determine exact figures. However, a 2024 report noted that there were 4,257 reported incidents of forcible confinement or kidnapping that year.

Forcible confinement is far more common than “stranger” or ransom-style kidnapping. Many occur in domestic violence contexts, robberies, or disputes with known persons, rather than stereotypical abductions.

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Contact an Experienced Criminal Lawyer?

Forcible confinement and kidnapping are serious charges that can result in lengthy prison sentences. The Crown must prove all elements of the crime beyond a reasonable doubt, and an experienced defence lawyer can identify weaknesses in the prosecution’s case.

Pyzer Criminal Lawyers has successfully defended clients facing forcible confinement, kidnapping, and related charges throughout Toronto and the GTA for over two decades. We understand what’s at stake for your freedom and future. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your case.