What Is Forcible Confinement?

Think about it—what does “confinement” actually mean? Is it physical restraint? Verbal threats? The law defines forcible confinement in Section 279(2) of the Criminal Code as confining, imprisoning, or forcibly restraining someone without lawful authority. It’s not just about locking a door; it can involve threats or intimidation that can make a person feel they have no way to escape.

Imagine this: someone ties another person up or physically blocks them from leaving a space. Maybe they say, “If you leave, you’ll regret it!” That’s the kind of action that could lead to forcible confinement charges. Importantly, this isn’t about minor inconveniences—like someone standing in your way for a few seconds. The confinement must last for a significant period and involve deliberate intent to restrict the other person’s movement.

It is worth clarifying that not all confinement is unlawful. A parent restraining a child for safety, or police acting under lawful authority, doesn’t count.

Facing a forcible confinement conviction isn’t just about the immediate punishment—it’s about the long-term impact. This is a hybrid offence, meaning the Crown can decide to prosecute it either as an offence punishable as a summary conviction (less severe) or an indictable offence (with harsher penalties).

• Indictable Offence: You could face up to ten years in prison. That’s not something to take lightly!
• Summary Conviction: While the sentence is shorter, it’s still a stain on your record.

The stakes go up if there are aggravating factors—like using a weapon, harming the alleged victim, or committing the offence as part of a criminal organization. A prior criminal record or being charged with a subsequent offence could also lead to stricter sentencing.

Isn’t forcible confinement just kidnapping? Not quite. Both offences involve taking away someone’s freedom, but the key difference is movement.

• Forcible Confinement: You restrict someone’s movement but don’t take them anywhere.
• Kidnapping: You forcibly move someone from one location to another.

Let’s say someone locks a friend in their basement during an argument. That’s considered forcible confinement. But if they drag that friend into a car and drive off? That’s kidnapping. Both are serious offences, but kidnapping often carries steeper penalties because it involves an added layer of danger and disregard for someone’s personal sovereignty.

Domestic disputes are one of the most common settings for forcible confinement cases. Picture a heated argument between partners that escalates, and one person locks the door to stop the other from leaving. It might feel like a spur-of-the-moment decision, but it can lead to criminal charges.

An emotional outburst is no excuse to break laws. Did you physically or verbally prevent the other person from leaving? Was there a threat involved? Even if your intention wasn’t malicious, the Crown could argue that the offence occurred.

These situations are often messy, with emotions running high and conflicting accounts of what happened. That’s why it’s critical to have an experienced criminal defence lawyer who can untangle the details and present your side of the story effectively.

It’s natural to feel overwhelmed when facing unlawful confinement charges, but remember—you have options. At Jaswal & Krueger, we’ve seen it all, and we know there’s rarely a one-size-fits-all solution. Some common defences include:

• Consent: Was the person actually confined against their will? If the alleged victim agreed to stay or wasn’t restrained, the case might fall apart.
• Lack of Intent: Maybe you didn’t realize your actions were confining someone. Intent matters in these cases.
• Reasonable Doubt: The Crown must prove the offence occurred beyond a reasonable doubt. If there’s uncertainty about the facts, you can’t be convicted.
• Mistaken Identity: If there’s no solid evidence tying you to the alleged act, that could be your strongest defence.

Building a strong defence often involves gathering statements from other witnesses, reviewing physical evidence, and challenging the prosecution’s narrative. A skilled lawyer can pick apart the case and create doubt where the Crown sees certainty.

Here’s the first and most important step: Stay calm and call a lawyer. No matter how minor the situation might seem, the consequences of a forcible confinement charge can be life-changing.

• Stay Silent: It’s tempting to explain yourself to the police, but anything you say can be used against you.
• Get Legal Help Immediately: The sooner you involve a lawyer, the better your chances of building a solid defence. At Jaswal & Krueger, we’ll walk you through every step, from your bail hearing to trial preparation.
• Understand the Process: Facing charges is daunting, but knowledge is power. We’ll help you understand what to expect at each stage and how to protect your rights.