Enlèvement et séquestration (jurisprudence des peines)

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Offence Wording

Kidnapping

279 (1) Every person commits an offence who kidnaps a person with intent

(a) to cause the person to be confined or imprisoned against the person’s will;

(b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

(c) to hold the person for ransom or to service against the person’s will.

Punishment

(1.1) Every person who commits an offence under subsection (1) [enlèvement] is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years, and

(ii) in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

(a.2) if the person referred to in paragraph (1)(a) [enlèvement – confiné ou emprisonné], (b) [enlèvement – transport hors du Canada] or (c) [enlèvement – rançon ou service] is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and

(b) in any other case, to imprisonment for life.

[omis (1.2), (1.21), and (1.3)]

Forcible confinement

(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

(3) [Repealed, 2018, c. 29, s. 26]

R.S., 1985, c. C-46, s. 279 R.S., 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39, s. 147; 1997, c. 18, s. 14; 2008, c. 6, s. 30; 2009, c. 22, s. 12; 2013, c. 32, s. 1; 2018, c. 29, s. 26; 2019, c. 25, s. 103.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
2023
R v Codrington, 2023 ONSC 6352 (CanLII), par Akhtar J	ON	SC	10 ans d'emprisonnement	Trouver des résumés de cas.
R v Okito, 2023 ONSC 1514 (CanLII), par Forestell J	ON	SC		Trouver des résumés de cas.
2021
R v Rajkovic, 2021 ONCA 11 (CanLII), par MacPherson JA	ON	CA	8 years (kidnapping) 8 years (robbery)	Trouver des résumés de cas.
2020
R v Baskaran, 2020 ONCA 25 (CanLII), par Nordheimer JA	ON	CA		Find other summaries.
2017
R v Dillon, 2017 SKCA 28 (CanLII), par Lane JA	SK	CA	3 years (kidnapping) 30 day (breaches x2)	The offender pleaded guilty to kidnapping and breach of conditions x 2. Find other summaries.
2016
R v Paradis, 2016 BCPC 354 (CanLII), par Doulis J	BC	PC	6 months (confinement) 6 months (threats) 14 and 45 days (breach)	The offender pleaded guilty to confinement, uttering threats, and two counts of breaches. The offender assaulted his domestic partner by hitting her up to 70 times, choked her, and threatened her if she attempted to leave the trailer they were in. Find other summaries.
2013
R v Ghodsi, 2013 ABCA 337 (CanLII), par Berger JA	AB	CA	2.5 ans d'emprisonnement	The offender took his 3 and 8 year old children to Iran for vacation and never returned. He was not charged until 8 years later. Find other summaries.
R v Cook, 2013 MBQB 100 (CanLII), par Martin J	MB	SC	9 ans d'emprisonnement (kidnapping) 7.5 ans d'emprisonnement (sexual assault)	"in the early morning hours, the victim was walking down a public street using crutches and one arm in a cast. The offender, who was a complete stranger to the victim, grabbed her by the neck, dragged her a short distance to the house where he was staying and forced vaginal intercourse, fellatio and attempted anal intercourse while choking her. After two unsuccessful attempts to escape, the victim escaped when the offender fell asleep. The offender, who was in his 40’s, had a prior record for crimes of violence but no prior sexual offences, choking or kidnapping charges. The offender was intoxicated at the time of the offences, his criminal activity was not planned and he suffered from a disadvantaged aboriginal background as well as alcohol abuse. The Court regarded this as a very serious series of offences in stating at para. 21 that “it is hard to imagine a more chilling scenario for a woman then to be dragged off a street, held and raped and choked until she is able to escape half naked. It is a vile, sordid assault that must be clearly condemned”. The Court ordered nine years of imprisonment for the kidnapping charge, seven and a half years concurrent for the sexual assault charge and one and a half years consecutive to the sexual assault charge for the choking charge, but concurrent to the kidnapping charge. The total sentence imposed was nine years less time served in custody on remand, for a go-forward sentence of seven years and eight months." (Quoting from R c Lemoine, 2014 NSPC 49) Find other summaries.
2012
R v White, 2012 ONCJ 619 (CanLII), par Devlin J	ON	PC	2 years less a day	The offender built dungeon in basement of building to kidnap friend of ex-wife. He was also sentenced for break and enter of building. Trouver des résumés de cas.
R v Walters, 2012 ABQB 83 (CanLII), par Graesser J	AB	SC	3 ans d'emprisonnement (confine)	"a three year unlawful confinement sentence was ordered where the offender forced the complainant into a furnace room at knife point and demanded oral sex while holding the knife to the complainant’s throat.: R. v. Walters, 2011 ABQB 585 at para. 2, 517 A.R. 321." (Quoting from R c KDH, 2012 ABQB 471 (CanLII)), au para 112 Trouver des résumés de cas.
2011
R v Singh, 2011 ONCJ 394 (CanLII), par Robertson J	ON	PC	6 months (confinement) 3.5 years (global)	The offender was found guilty of s.88, 264.1, and forceable confinement of wife. He assaulted his wife with a pipe and forced her into house to hide from authorities. He had no record and was on house arrest for 34 months pending this case. He was remorseful. There were serious long-standing injuries to victim.
R v McCann, 2011 BCSC 1590 (CanLII), par Schultes J	BC	SC	Modèle:2YLD (confinement) Modèle:2YLD (assault CBH)	Trouver des résumés de cas.
2009
R v Oxford, 2009 CanLII 70905 (NLPC), par Gorman J	NL	PC	12 mois d'emprisonnement	The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point.
2008
R v Power, 2008 NLTD 6 (CanLII), par Thompson J	NL	SC	5 months (confinement) 16 months (global)	The offender was also sentenced for assault, uttering threats, and breaches. He assaulted his wife on numerous occasions. The offender would not let accused out of vehicle. Find other summaries.
R v Tahvili, 2008 BCSC 22 (CanLII), par Joyce J	BC	SC		(Quoting from R c , [1]) Find other summaries.
R v Radisic, 2008 ONCA 822 (CanLII), par curiam	ON	CA		"the accused was convicted of a number of offences, including kidnapping, uttering threats, assault, assault with a weapon and aggravated assault. He and other persons kidnapped three individuals in an effort to locate a drug dealer who had stolen some drugs from the accused. The abduction lasted for two days and at times significant violence was used. At other times the captors were friendly towards the victims and provided them with food, alcohol and drugs. The accused was 30 years of age, addicted to drugs, had a significant criminal record and showed no remorse towards his victims. The offences were committed while he was on probation. Crown suggested a range of global sentence of 5 to 7 years, while defence suggested a range of 2 to 7 years. The trial judge concluded the appropriate range was 4 to 7 years and sentences the accused to an effective 5 year global sentence." (Quoting from R c Tahvili, 2008 BCSC 22) Find other summaries.
2007
R v Ayach, 2007 BCSC 398 (CanLII), par J	BC	SC		"the court applied the four to six year range given in Mills and imposed an effective sentence of four years in a case in which a 28 year old accused pleaded guilty to kidnapping and aggravated assault. The accused, who was a drug trafficker and debt collector for the Hells Angels, was one of four men who were involved in the kidnapping and assault of a man who had threatened him. In her reasons for sentencing the trial judge noted a number of mitigating circumstances. The accused had experienced a number of challenges in his personal life, including significant physical, emotional and sexual abuse. He became addicted to crystal methamphetamine which led him into further criminal activity. Since his detention he had been a model prisoner, completed extensive courses and given considerable assistance to other inmates and had excellent prospects for rehabilitation. The sentencing judge accepted that the accused’s guilty plea was a significant mitigating factor and imposed an effective sentence of four years." (Quoting from R c Tahvili, 2008 BCSC 22) Find other summaries.
R v Randhawa, 2007 BCCA 598 (CanLII), par Hall J	BC	CA		Find other summaries.
R v Deo and Mangat, 2007 BCCA 626 (CanLII), par J	{{}}			Find other summaries.
2004
R v Schira, 2004 ABCA 369 (CanLII), par Conrad JA	AB	CA		"an eight year unlawful confinement sentence was ordered for an unusually egregious scenario where the complainant was abducted at gunpoint in Saskatoon, then transported to Calgary where she was tied to a bed. Sexual assaults occurred throughout this period." (Quoting from R c KDH, 2012 ABQB 471 (CanLII)), au para 112 Trouver des résumés de cas.
2003
R v Ingram, , [2003] O.J. No. 3801 (ONSC)(*pas de liens CanLII)	ON	SC		"a sentence of 4 years was imposed for offences of kidnapping and aggravated assault, which involved planning. The sentence of 4 years took into account credit of 3 years for pre-sentencing custody, so it was effectively a 7 year sentence. Another significant mitigating factor was the fact that the accused pleaded guilty."(Quoting from R c Tahvili, 2008 BCSC 22)
R v McBride, 2003 NSSC 204 (CanLII), par Kelly J	NS	SC	16 month CSO (JR)	The offender also sentenced for assault causing and breach of probation. He grabbed wife by throat and confined her in the vehicle. The offender had 14 prior convictions for violence against women. The sentence was a joint recommendation. Find other summaries.
2002
R v JB(S), 2002 ABCA 211 (CanLII), par J	AB	CA		"a six month sentence for unlawful confinement was implicitly confirmed by the Court of Appeal. The facts of this case are summarized in R. v. S.J.B., 2002 ABCA 143, 312 A.R. 313. The offender had led and kept the complainant, an adult female, in a guest room where there was forced intercourse. Both were extremely intoxicated after consumption of beer and Listerine. The offender had not pled guilty." (Quoting from R c KDH, 2012 ABQB 471 (CanLII)), au para 112 Trouver des résumés de cas.
2001
R v Gbeve, 2001 MBCA 73 (CanLII), par Kroft JA	MB	CA
2000
R v Pupovic, 2000 CanLII 16876 (ON CA), par curiam	ON	CA	2 ans d'emprisonnement	The offender bound and gagged his mother-in-law and put her in the basement. The victim was found and rescued by a neighbour. The offender appealed from sentence of 5 years.
Modèle:CanLIIRPS, par Adams J	NL	SC	18 mois d'emprisonnement	The offender was also sentenced for assault with a weapon, uttering threats, and unlawful entry. He entered into victim's apartment and forced them into a car and drove with the victim at knife-point, the victim escaped while the car was stopped. The offender had an unrelated record.
R v Twizell, 2000 BCCA 181 (CanLII), par Donald J	BC	CA		Find other summaries.
R v Chong, 2000 BCCA 359 (CanLII), par Southin JA	BC	CA	14 ans d'emprisonnement	Find other summaries.
1998
R v Mills, 1998 CanLII 15020 (BC CA), par Donald J	BC	CA		"In Mills, two accused, Mills and Babin undertook to collect a debt for a third party. They grabbed the victim outside his work place, forced him into a vehicle, jabbed a loaded sawed-off shotgun in his side and threatened to kill him if he did not come up with the money. They then drove around for several hours in an inept attempt to collect on the debt. The police were alerted at a very early stage and brought the incident to a safe conclusion. The accused pleaded guilty to kidnapping for ransom before different judges. Mr. Babin was sentenced to four years. Mr. Mills received a sentence equivalent to five years when time spent in custody was taken into account." (Quoting from R c Tahvili, 2008 BCSC 22) Find other summaries.
R v Hiltz, 1998 CanLII 6235 (BC CA), par Lambert JA	BC	CA		"the accused and others kidnapped the victim under the pretence of appraising estate items. The victim was threatened with a gun and tied up in his own home. Mr. Hiltz spent 18 months in pre-trial custody. He received a sentence of 9 years for the offence of kidnapping with a firearm and concurrent sentence for other offences, including unlawful confinement, robbery with a firearm and assault causing bodily harm. On appeal the accused argued the sentences were unfit, relying principally on Mills." (Quoting from R c Tahvili, 2008 BCSC 22) Find other summaries.
1995
R v Dorland, 1995 CanLII 2861 (BC CA), par J	BC	CA		Find other summaries.
R v Hui, 1995 CanLII 2836 (BC CA), par Hinkson JA	BC	CA	14 ans d'emprisonnement	Find other summaries.
R v Jacklin (T.J.), 1995 CanLII 18066 (AB CJ)	AB	PC		"the offender forced the complainant into a car and then subjected the complainant to a succession of sexual assaults over a two hour period. Fradsham P.C.J. concluded a three year sentence was appropriate for the unlawful confinement of the complainant." (Quoting from R c KDH, 2012 ABQB 471 (CanLII)), au para 112 Trouver des résumés de cas.
1994
Modèle:CanLIIRPS, par Easton J	NL	SC	3 months (confinement)	The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle. Find other summaries.
R v Clark, 1994 ABCA 55 (CanLII), par J	AB	CA		"a 17 year old complainant was sexually assaulted in an abandoned building, then handcuffed. The complainant subsequently escaped when the cuffs broke. Few other details are available as the trial decision is unreported. An 18 month sentence was ordered for unlawful confinement." (Quoting from R c KDH, 2012 ABQB 471 (CanLII)), au para 112 Trouver des résumés de cas.
1993
R v Cryderman (J.L.), 1993 CanLII 16392 (AB CA), par Bracco JA	AB	CA		"these are two separate sentence appeals, only R. v. Cryderman is relevant. The Court of Appeal confirmed a one year unlawful confinement sentence for a low intelligence paranoid schizophrenic offender who received instructions from voices and heavy metal music: para. 5. He detained two adult women, whom he subjected to extreme sexual abuse and violence. The offender was remorseful and normally “kind and caring”: para. 9. He had pled guilty." (Quoting from R c KDH, 2012 ABQB 471 (CanLII)), au para 112 Trouver des résumés de cas.

other cases

Shaw, 2005 BCCA 485 Bitterman, 2005 ABPC 165 per Fradsham J Chevreuil, 2006 QCCQ 2364 per Sirois J Croteau, 2006 QCCQ 2365 per Pare J Wong, 2005 BCPC 644 per Kitchen J Palomaki, 2005 ABCA 330 per Bensler J Gain, 2005 BCCA 421 Brown, 2005 ABCA 431 Narayan, 2005 ABPC 270 per Semenuk J W(B), 2005 NLTD 173 per Barry J Greaves, 2005 BCCA 401 Niedermier, 2005 BCCA 602 Joe, 2005 YKCA 9 Martin, 2006 YKTC 7 per Faulkner J Rae, 2006 BCCA 125 Shanks, 2005 BCSC 1827 per Blair J Paulin, 2005 BCSC 1829 per Powers J