Unlawful & Forcible ConfinementThis is a very common charge. If you are being investigated, charged, or suspect - you should speak with a Criminal Lawyer.
Forcible Confinement s. 272(2) Criminal Code of Canada
What the Law says about Forcible Confinement:
(2) Every one 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 and liable to imprisonment for a term not exceeding eighteen months.
(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.
Forcible confinement is a charge that most often arises in the context of a domestic altercation. It is often alleged that the accused would not let the complainant leave of their own free will.
This is a charge that often reduces to a “she said/he said” with no corroborative evidence in support. As a result the accused person will often be found not guilt as the evidence does not surpass the test of “proof beyond reasonable doubt”.
How can a judge accept the evidence of one person over the other?
When facing an investigation as a suspect, arrested or charged you should consult a lawyer as soon as possible. You have the right to remain silent and it is often in your interest to do so.
The lawyers at Daley, Byers have had extensive experience defending clients facing this charge. Charges of forcible confinement are most often dismissed or withdrawn.