Forcible Confinement is the illegal restriction of another person’s freedom of movement without their consent.

Forcible Confinement: Criminal Code Provisions

Criminal Code Provision: Offence Defined

(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

1. An indictable offence and liable to imprisonment for a term not exceeding ten years; or
2. An offence punishable on summary conviction.

Understanding Forcible Confinement

Forcible confinement occurs when someone is illegally restricted or stopped from exiting a location by another individual. It doesn’t need a secured space or physical restraints – simply restricting a person’s freedom of movement can constitute confinement.

Examples of Forcible Confinement:

• Restraining someone in a space and preventing their escape.
• Restricting a partner from exiting during a disagreement.
• Binding someone or holding them back.
• Coercing an individual to remain in a car without their consent.

What the Crown needs to prove

To secure a conviction, the prosecution must demonstrate beyond a reasonable doubt:

1. The accused purposely restricted or isolated someone else.
2. The detention lacks legal authority (not conducted by police or with legal justification).
3. The complainant did not agree to the confinement.

Sentencing for Forcible Confinement

Forcible confinement is a hybrid offence.

1. Summary Conviction: If prosecuted summarily, the maximum sentence one may receive is 2 years less a day.
2. Indictment: If the Crown proceeds by way of indictment, the maximum sentence one may face is a 10-year prison term.
3. Factors considered by the court:While determining a sentence, the factors a court may consider include the duration of the confinement, the method of confinement, the relationship context, whether other offences were included, and the psychological and physical impact on the complainant.

Leading Case Law: R. v. Magoon

In the case of R. v. Magoon, [2018] ABCA 152, the Court of Appeal established that forcible confinement does not require locks or chains to constitute forcible confinement. Any act that prevents a person from leaving against their will can lead to a conviction.