Kidnapping, Forced Confinement, Hostage-taking
Under Canada’s Criminal Code R.S.C., 1985, c. C-46, you may be charged for the following kidnapping offences:
Kidnapping
This is when a person kidnaps another person with intent:
(a) to confine or imprison against the captured person’s will;
(b) to unlawfully send or transport the capture person out of Canada against the person’s will; or
(c) to hold the captured person for ransom or to service against the capturing person’s will.
Punishment
Indictment only
(a) If a restricted firearm or prohibited firearm or any firearm is used during the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization
Maximum: imprisonment for life
Minimum: imprisonment of 5 years (1st offence)
imprisonment of 7 years (2nd and subsequent offence)
(a.1) Any other case where a firearm is used during the offence,
Maximum: imprisonment for life
Minimum: imprisonment of 4 years
(a.2) if captured person under 16 years
Maximum: imprisonment for life
Minimum: imprisonment of 4 years
Exception
Not applicable if offender is a parent, guardian or person having the lawful care or
charge of the captured person
(b) Any other case
Imprisonment for life.
Forcible Confinement
This is when a person confines, imprisons, or forcibly seizes another person without lawful authority
Punishment
Hybrid – indictment or summary conviction
Indictment
Imprisonment up to 10 years; or
Summary conviction
A fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or both
Hostage Taking
It is when a person takes another person hostage and;
(a) confines, imprisons, forcibly seizes or detains
(b) In any manner – utters, conveys or causes any person to receive a threat of the death of, or bodily
harm to, the hostage or that the confinement, imprisonment or detention of the hostage will be continued.
With intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition of the release of the hostage, whether express or implied
Punishment
Indictment only
(a) If a restricted firearm or prohibited firearm or any firearm is used during the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization
Maximum: imprisonment for life
Minimum: imprisonment of 5 years (1st offence)
imprisonment of 7 years (2nd and subsequent offence)
(a.1) in any other case where a firearm is used during the offence
Maximum: imprisonment for life
Minimum: imprisonment of 4 years
(b) Any other case
Imprisonment for life
If have more questions about criminal law, read the frequently asked question.
At Juzkiw Law Firm, we can help you with any criminal charge. Call us for more details on how you can build your defense – 647-699-7984
