Forcible Confinement


Forcible confinement is defined as the confinement, imprisonment or forcible seizure of another person without the lawful authority to do so. It is not necessary that the person be physically restrained as long as the action deprives the individual of the liberty to move from point to point.





In proceeding on a charge of forcible confinement, the Crown may proceed either by way of summary conviction or by indictment. In the case of a summary conviction election, the maximum penalty is 18 months in custody while on an indictable election, the maximum penalty is 10 years in custody. While there is no mandatory minimum sentence for forcible confinement, where the Crown proceeds by indictment, a conditional sentence is not available.


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