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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  

Peter Sankoff

University of Alberta - Faculty of Law

Adrienne Funk

University of Alberta - Faculty of Law

Date Written: July 29, 2014

Abstract

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

Suggested Citation

Sankoff, Peter and Funk, Adrienne, Why Should a Confinement Need to Be 'Significant' to Attract Liability? A Proposal to Clarity and Reform the Current Approach to Forcible Confinement (July 29, 2014). Criminal Law Quarterly, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2473829

Peter Sankoff (Contact Author)

University of Alberta - Faculty of Law ( email )

Edmonton, Alberta T6G 2H5
Canada

Adrienne Funk

University of Alberta - Faculty of Law

Edmonton, Alberta T6G 2H5
Canada

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