What is kidnapping in canada

It is also an offence to imprison a person unlawfully, not necessarily holding him in a jail, but, for example, without lawful cause detaining him for any purpose, even without seeking a ransom or other concession for his freedom see Civil Liberties. Such unlawful imprisonment is punishable by a 5-year sentence. The code treats the kidnapping of a female or a child under 14 as the distinct offence of abduction , regarding such an act as usually being for sexual purposes.

In , there were reported cases of kidnapping, and charges were laid against males, 80 females and 9 juveniles. The Treaty on the Prevention and Punishment of Crimes against Diplomats made the kidnapping of diplomats criminal by international law.

Canada is a party to this treaty, and under the Criminal Code s In connection with activities against terrorism, a number of countries have amended their criminal codes to enable them to try terrorists for acts affecting their nationals, regardless of the nationality of the terrorist or the place where the act of terrorism occurred.

Occasionally, this has meant that the offender has been unlawfully captured by authorities of the country in question and his arguments condemning his kidnapping have been rejected, since by international law only a state can complain if its territory or its ships on the high seas are interfered with in any way.

In accordance with these, any act of violence against aircraft, and especially hijacking, is criminal. The passengers who have been kidnapped in this way must be freed by the country in which the plane has landed and the offenders must be tried by that country or returned for trial to any country which is directly affected.

Canada is a party to each of these treaties. In recent civil wars, rebels have often kidnapped civilians and held them hostage, in the same way as have many terrorists.

The United Nations adopted a Hostage Convention to which Canada is a party, making such kidnappers liable to trial in any country where they may be found. Search The Canadian Encyclopedia.

Remember me. I forgot my password. Why sign up? Kidnapping Forcible confinement 2 Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of. Non-resistance 3 In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.

C, s. Confinement is a general intent offence. For the offence of kidnapping, the crown must prove that the accused took the victim from one place to another without consent.

Confinement is the deprivation of a person's liberty to move, while kidnapping is the moving of a person. All kidnappings are confinements but not all confinements are kidnapping.

A person who voluntarily enters into a car, but is then denied the ability to leave will usually make out the offence. Where consent was obtained by fraud, deceit, or trickery, then the consent is not valid. There must be proven that there was at least a minimal deprivation of the victim's freedom.

The duration of the confinement does not need to be lengthy. A "significant" period of time where the victim is "coercively restrained or directed contrary to her wishes, so that she could not move about according to her own inclination and desire" will be sufficient.