Kidnapping is a serious criminal offense that involves the act of removing someone without their consent and relocating them. Even if you assisted in the victim’s kidnapping after discovering the victim has been abducted could be held accountable for the incident, whether or not you were present during the victim’s initial taking, seizure, or relocation.
In order for a kidnapping charge to be upheld, the Crown must establish:
- that there was a desire to keep someone in captivity against their will;
- they took someone against their will and transport them outside of Canada;
- or they held someone against their will and demanded a ransom or service.
Kidnapping in the Canadian Criminal Code
According to Section 279 of the Criminal Code, kidnapping someone with the intent to cause harm
is illegal:
- to take someone against their will and imprison or confine them;
- to take someone against their will and send them illegally abroad;
- to detain someone against their will and serve them;
- or to force someone to serve them.
What Are Kidnapping Charges in Canada?
Convictions for kidnapping carry the possibility of life in prison, the harshest penalty permitted by
Canadian law. The Court will take into account the specifics of the offence and the offender, just
like it does with any sentencing. The Crown will consider the nature, duration, and result of the
kidnapping, as well as any prior or future offenses, as well as the victim’s age and vulnerability,
when deciding what penalty to seek.
The following minimum mandatory sentences apply to kidnapping:
- For a first offense involving the use of a handgun and kidnapping carried out for the
advantage of or under the guidance of a criminal organization, there is a minimum fiveyear
jail sentence. - If a firearm is used in a later offense and the kidnapping is carried out for the advantage of
or under the guidance of a criminal organization, there is a minimum seven-year jail
sentence. - Where a firearm is used in the conduct of the offense, a minimum four-year jail sentence
applies. - If the victim is under sixteen, there is a minimum five-year prison sentence (unless the
offender is a parent or guardian).
DEFENDING KIDNAPPING CHARGES
Allegations of kidnapping require immediate legal action. The facts of your case and the lawyer
you choose can have a significant impact on the outcome of your kidnapping case.
In the event that your case goes to trial, the following defenses to abduction accusations are
available:
Consent: Crown Attorney has to prove beyond a shadow of a doubt that the complainant did not
give permission for their removal.
Mistake or ignorance: Unintentionally taking and transporting someone shouldn’t result in a
criminal charge. Honest mistakes include things like transferring your own child after
misinterpreting the rules of your custody agreement or unintentionally leaving your house with
someone in the car.
Mistaken belief in consent: There is an intent component to the abduction charge. You might be
able to make the case that your belief regarding permission was incorrect if you can provide proof
that you acted reasonably to get the complainant’s consent and that you honestly and truly believed
they gave consent to be taken and relocated.
Innocence: Crown Counsel must prove your innocence beyond a reasonable doubt by proving that
you were the one who abducted the child. When you have an alibi that places you somewhere else
during the kidnapping and is supported by video, eyewitness accounts, and electronic proof, this
defense works effectively.
Charter of Rights and Freedoms violations: Talking to the police may hurt your case since
anything you say could be used against you in court as evidence of your guilt. You can ask for the
exclusion of this material by filing motions or charter petitions that describe the specific ways in
which police abused your rights under the Charter during a criminal investigation. Unauthorized
automobile searches and denials of your right to counsel may be used as violations in your defense.
Self-defense: In order to effectively argue for self-defense, you must show that: 1) force was used
against you or could have been used against you; 2) the only reason you responded to the use of
force or threat of use of force was to defend yourself; and 3) your response was appropriate and
reasonable in light of the circumstances.
Defending someone else: Shifting someone from one location to another in order to defend
someone else shouldn’t result in a criminal conviction as long as the response was appropriate and
reasonable.
Defending your property: It is sometimes appropriate to move someone to defend your property,
so long as the response was appropriate and reasonable.
HAVE YOU BEEN CHARGED WITH KIDNAPPING?
If you have been charged with kidnapping, contact Collett Read LLP today for a free consultation.
If your matter is immediate please contact us at (905) 541-2228 or fill out a free consultation form.
