The charge of forcible confinement is not as simple as it seems

By LegalMatters Staff • If you hold someone against their will by using threats, coercion or force, you could be charged with forcible confinement.

This charge is commonly laid after a domestic altercation, where one partner does not allow the other person to leave a residence.

“It is important to note that the charge of forcible confinement is different from the offence of kidnapping,” says Calgary criminal lawyer Matthew Deshaye. “In both cases, someone is held against their will. However, kidnapping involves transporting a person to another location. While kidnapping entails forcible confinement, forcible confinement can occur without kidnapping.”

He says that while kidnapped charges are relatively rare, the offence of forcible confinement can apply to a broad range of circumstances.

“Common examples include forcing someone to stay in a residence by threatening harm if they try to leave,” says Deshaye. “Or not allowing someone to exit a vehicle by locking the doors or refusing to slow down so that they can safely open the door.”

He says that anyone convicted of forcible confinement will face a 10-year maximum prison sentence if the charge is treated as an indictable offence.

“Keep in mind that in all criminal trials, the Crown must prove the elements of the crime beyond a reasonable doubt,” says Deshaye. “If that high standard cannot be met, your lawyer may be able to secure a verdict in your favour.”