Why Should a Confinement Need to Be 'Significant' to Attract Liability? A Proposal to Clarity and Reform the Current Approach to Forcible Confinement
Criminal Law Quarterly, Forthcoming
13 Pages Posted: 30 Jul 2014
Date Written: July 29, 2014
On the surface, the crime of forcible confinement set out in s 279(2) of the Criminal Code of Canada is straightforward enough. Nonetheless, because of some strange turns in the jurisprudence, the common law now requires confinement to be of a “significant” duration before a conviction can be imposed, even though the statute says nothing along these lines. This article explores how this confusing state of affairs came to be, considers the ramifications of this development, and proposes a solution.
Keywords: Canadian criminal code, forcible confinement
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