Criminal Confinement Lawyers In Toronto

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.

This offence is covered in Part VIII under s.279(2) of the Criminal Code of Canada.

Criminal confinement is a hybrid offence thus conferring the rights to proceed summarily or by indictment on the Crown Prosecutor. The penalty for this offence may range from 18 months to 10 years jail term depending on the method of conviction elected by the Crown.

Key Takeaways

• Criminal Confinement, also known as Forcible Confinement in the Criminal Code is used in reference to any unlawful imprisonment or detention of a person in a place against their will and without the legal authority to do so.
• A person convicted with Criminal Confinement may be liable to a jail term of 18 months to 10 years or more depending on the election of the Crown and the severity of the other charges accompanying the offence.
• A person may be granted bail if there are no aggravating circumstances surrounding the offence and if there are no reasonable grounds for suspicion that the suspect will not flee or constitute a threat to others if released.
• With the Help our expert team, charges can be beaten. Book a Free Consultation with us now!

How can a Criminal Confinement Lawyer in Toronto help?

A Criminal confinement charge is a very serious criminal offence and is usually viewed in tandem with other charges such as theft, breaking and entering, or various types of assault including sexual assault. As a result, very serious penalties may be imposed if a person is convicted with the offence. The seriousness of this offence therefore necessitates the services of a competent defence lawyer to guide the accused through the trial process as well as offer guidance on navigating the criminal justice system and court proceedings.

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 ample guidance on interacting with the victim and Law Enforcement agents without agreeing to, acting in a manner, or giving verbal statements that could be detrimental to their case plea.

Our Legal team will also take on the task of gathering evidence that aligns with the testimony of the accused, as well as interviewing and sorting through witness statements in order to present them in a manner that lends credibility to the defence. Where necessary, the services of expert witnesses may be retained depending on the nature of the offence and whether or not it is assessed to be essential for effective representation at trial.

Criminal Confinement Charge in the Criminal Code of Canada

Criminal Confinement in the Canadian Criminal Code is used in reference to the effective and unlawful imprisonment or confinement of a person by forcing them to remain in a place against their will and without any authorization to do so.

Worthy of note is that the victim does not have to be in a locked room or tied up for a criminal confinement charge to be imposed. However, the Crown Prosecutor must prove beyond reasonable doubt that there was physical or coercive restraint either through force, intimidation, threats, or the imposition of fear.

Criminal Confinement defers from kidnapping in the sense that kidnapping in addition to imprisoning or confining the victim, involves transporting them from one location to another. While a forcible confinement offence can occur without kidnapping, a kidnapping offence always entails criminal confinement.

Examples of Criminal Confinement Charges

A person may be charged for criminal confinement for any of the following reasons;

• 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

A Criminal Confinement charge is considered a hybrid offence, thus the Crown reserves the right to proceed summarily or by indictment.

The case may not always lead to a conviction as it is sometimes difficult to establish the facts of the case and prove beyond reasonable doubt that the offence because there are often no witnesses to the crime. However, in evaluating the gravity of the offence and the type of penalty to be invoked, the court will take into consideration whether or not it is a first time offence, as well as the other offences associated with the charge such as if there were weapons involved, if there were threats of violence, or if vulnerable populations were involved such as children, mentally ill persons or persons who are elderly.

The penalties for conviction as stipulated in s.279(2) of the Criminal code are dependent on the procedure elected by the Crown as follows;

• Summary Conviction: Maximum $5,000 fine and/or up to 18months imprisonment or 2years less a day as the case may be
• Conviction by Indictment: Maximum 10years imprisonment

If it is a first time offence and the circumstances surrounding the offence as well as other accompanying charges are not so grave, as well as if no dangerous weapon or firearm was used in the commission of the offence, the charges could be dismissed or downgraded with the help of an excellent defence lawyer.

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 10years. The offender may also be made forfeit employment, international travel opportunities, as well as any other sanctions that may apply.

Criminal Confinement Charge Defences

For criminal confinement cases, the buck of the work falls on the Crown Prosecutor, who will have to proof beyond reasonable doubt that the accused forcibly confined, or imprisoned the victim against their will, and that the intent was to deprive the victim of the freedom of movement.

Our defence lawyers are experts at proving the absence of one or both elements of the case using these strategies;

• Identity: This is a key element of the case as there must be prove beyond reasonable doubt that the victim has identified the actual perpetrator, and this may be difficult to prove as there are in most cases no witnesses to the crime. Defence may want to present strong corroborative evidence that exempts the accused from the scene or time of the offence. Defence may also prove that the accused has been wrongly identified were the available footages of the incident scene such as surveillance cameras are of a low quality.
• Lack of Intent: Confinement is considered a general intent crime which means that minimal intent is required for the act to be carried out. Proof of intent will usually be inferred once the act has been committed by assuming that the accused had the intent to achieve the natural consequences of the act that was being perpetrated. The defence could however prove 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 prove that the accused had the legal authority to detain the victim as a means of self-defence, or due to fear of property being damaged or personal injury for instance where a shopkeeper has reason to suspect that an individual was shoplifting or where there was reason to believe that a person had intent to cause harm within the community or environment.
• 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 on the basis of which the Law Enforcement Agents can begin the investigation process.

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 footages, 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 Law enforcement agents may also need to interview any available witnesses to get more details on the case.

At the conclusion of the investigative process, a disclosure package containing all evidences regarding the crime will be made available to the Crown Prosecutor. The accused may also be granted a copy through their Lawyer upon request.

Bail Conditions for Criminal Confinement Charges

A person charged with a Criminal Confinement case may be granted bail on the scene if there are no aggravating circumstances, and there is a release order. However, the accused may be required to sign a promise to appear document outlining the conditions for bail as well as any required appearances.

If the offence involved a violent act such as the use of a weapon or threats to harm, a bail hearing may be required and will typically hold within 24hours upon arrest. Certain restrictions may be imposed on the accused whilst bail is being secured such as 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.

A person may however be denied bail if the offence is not a first time offence, and there is amp-le reason to belief that the accused may flee if bail is granted. Bail may also be denied if the person is assessed to pose a serious threat to others, or there is reason to believe that releasing the person may have a considerably negative effect on the public’s confidence in the administration of Justice.

Frequently Asked Questions: Criminal Confinement

What is an example of Criminal Confinement?

Restricting a person from leaving a house or car, restraining or locking up property owners/employees during a robbery, escape rooms where the clues are so difficult to tackle that the participants end up trapped and distressed due to inability to escape, are all examples of Criminal Confinement.

Can I go to jail for Criminal Confinement?

Yes, a person convicted for Criminal confinement will most likely receive a jail sentence. Jail term may range from 18months to 10years depending on the conviction procedure elected by the Crown.

Related Offences

Kidnapping: Kidnapping involves forcefully taking control of a person, and transporting them from one place to another without their consent or lawful authorization to do so.
Trafficking in Persons: This refers to any act of recruiting, transporting, concealing, or harbouring another person with the intent to exploit them or aid in their exploitation.
Abducting a person: Abduction in Canada means to steal, take, or remove a person, especially a young person, from their parent or legal guardian against their will.