Forcible confinement, set out in section 279(2) of the Criminal Code, is a criminal offence that focuses on the unlawful deprivation of a person’s liberty.
A person commits forcible confinement when they confine, imprison, or forcibly restrain another person without lawful authority, preventing them from moving freely or leaving against their will.
Importantly, forcible confinement does not require locked doors, handcuffs, or physical restraints. A situation involving intimidation, fear, or psychological pressure can be enough to meet the legal threshold.
Forcible confinement may occur in situations where a person:
Prevents someone from leaving a place, even temporarily.
Forces a person to remain in a location against their will.
Controls another person’s movements through threats, fear, or intimidation
uses psychological pressure that effectively removes the person’s freedom of movement;
Maintains control over a person for a meaningful period of time.
The analysis focuses on the actual loss of freedom experienced by the complainant, not merely the physical surroundings.
To obtain a conviction for forcible confinement, the prosecution must prove the following elements beyond a reasonable doubt.
The Crown must establish that the complainant was not free to move or leave. This deprivation of liberty may result from:
The Crown must establish that the complainant was not free to move or leave. This deprivation of liberty may result from
The restriction of liberty must occur without legal justification.
While limited forms of authority may exist in specific circumstances, that authority ends where the restraint becomes excessive, coercive, or unreasonable.
The confinement must last long enough to amount to a genuine loss of liberty.
There is no minimum time requirement. The assessment depends entirely on the surrounding circumstances and the nature of the restraint.
Forcible confinement requires that the complainant did not consent to the restriction of their liberty.
Consent must be:
A person may initially agree to remain in a situation but later withdraw consent once it becomes coercive, threatening, or controlling.
Forcible confinement is a stand-alone offence that protects a fundamental social interest: personal freedom.
It may occur alongside other offences such as assault, robbery, or sexual offences, and a person may be charged or convicted of forcible confinement in addition to those offences.
An individual stands in front of an apartment door, raises their voice, issues threats, and creates an atmosphere of fear. The other person understands that attempting to leave would result in harm or retaliation. No physical force is used and the door remains unlocked.
Despite the absence of physical restraint, this situation may amount to forcible confinement, as the person is effectively prevented from leaving through intimidation and coercion.
Forcible confinement under section 279(2) of the Criminal Code is a hybrid offence:
Imprisonment for up to 10 years
Penalties available under summary procedure, which may include a fine, probation, or imprisonment
Do you have questions? Are you looking for criminal lawyers who accept legal aid mandates? Contact us now!
A single conversation can give you clarity and direction. Contact us now and we'll help you understand your options and take the next step with confidence.
