Forcible Confinement
Forcible confinement is the offence under section 279(2) of the Criminal Code of confining, imprisoning, or forcibly seizing another person, without lawful authority. The offence is hybrid: summary maximum is 2 years less a day; indictable maximum is 10 years. Forcible confinement is a designated offence for constructive first-degree murder under section 231(5), meaning that a death occurring during a forcible confinement can elevate the murder to first degree.
Mass Tsang's criminal lawyers handle forcible confinement charges across the GTA, particularly where they arise alongside more serious matters.
Elements
The Crown must prove: (1) the accused confined, imprisoned, or forcibly seized the complainant; (2) the confinement was without the complainant's consent; (3) the confinement was without lawful authority; and (4) the accused had the requisite intent to confine the complainant. The confinement need not be lengthy and need not involve a locked space — restraining a person against their will, even briefly, can suffice.
Confinement vs. restraint
Courts have held that any meaningful restriction of a person's freedom of movement, against their will and without legal authority, can amount to forcible confinement. Blocking a doorway, refusing to allow someone to leave a room, holding a person by force in a vehicle, or otherwise depriving them of liberty all qualify. The deprivation must be more than fleeting or trivial, but the threshold is low.
Lawful authority
Some confinement is lawful — police arrest, citizen's arrest under section 494, parental discipline within statutory limits, lawful custody by a parent or guardian, lawful detention under the Mental Health Act. The Crown must prove the absence of lawful authority where it is genuinely in issue.
Common contexts
Forcible confinement charges arise in many contexts: domestic disputes where one party restrains the other; bar or party incidents involving brief restraint; home invasions and robberies where occupants are held in a room; sexual assault cases where the complainant was restrained; and kidnappings (often charged together with the more serious section 279(1) kidnapping). The pattern of facts heavily influences sentencing.
Defences
Defences include: consent (where genuinely present); lawful authority; lack of intent; mistaken identity; and Charter issues with the investigation. Sentencing turns on the duration of the confinement, the use of force or threats, weapon involvement, the relationship between the parties, and any accompanying offences.
Related glossary terms
