Voir la source de Enlèvement et séquestration (jurisprudence des peines)

[[en:Kidnapping and Unlawful Confinement (Sentencing Cases)]]
{{Currency2|December|2023}}
{{LevelZero}}
{{HeaderSentCases}}
{{OffencesBoxMini|Enlèvement et séquestration}}
{{seealso|Abduction of a Young Person (Sentencing Cases)}}
==Offence Wording==
<div class="mw-collapsible mw-collapsed">

{{quotation2|
; 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.<br>

; Punishment
(1.1) Every person who commits an offence under subsection (1) {{AnnSec2|279(1)A}} 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) {{AnnSec2|279(1)(a)}}, (b) {{AnnSec2|279(1)(b)}} or (c) {{AnnSec2|279(1)(c)}} 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.

{{Removed|(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(3) [Repealed, {{LegHistory10s|2018, c. 29}}, s. 26]

R.S., {{LegHistory80s|1985, c. C-46}}, s. 279 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 39;
{{LegHistory10s|1995, c. 39}}, s. 147;
{{LegHistory10s|1997, c. 18}}, s. 14;
{{LegHistory10s|2008, c. 6}}, s. 30;
{{LegHistory10s|2009, c. 22}}, s. 12;
{{LegHistory10s|2013, c. 32}}, s. 1; 
{{LegHistory10s|2018, c. 29}}, s. 26;
{{LegHistory10s|2019, c. 25}}, s. 103.
{{Annotation}}
|{{CCCSec2|279}}
|{{NoteUp|279|1|1.1|2}}
}}
</div>
==Case Digests==
{{SCaseHeaderLong}}

{{SpanYear2|2023}}

{{SCaseLong|{{CanLIIR-S|Codrington|k1578|2023 ONSC 6352 (CanLII)}}{{perONSC|Akhtar J}} | {{ON}} | SC | {{JailY|10}} | {{FindSummaries|k1578}} {{keywords|found guilty|confinement|robbery|sexual assault|weapon}} }}

{{SCaseLong|{{CanLIIR-S|Okito|jw27p|2023 ONSC 1514 (CanLII)}}{{perONSC|Forestell J}} | {{ON}} | SC | | {{FindSummaries|jw27p}} {{keywords|guilty plea|robbery}} }}

{{SpanYear2|2021}}
{{SCaseLong|{{CanLIIR-S|Rajkovic|jcjjj|2021 ONCA 11 (CanLII)}}{{perONCA|MacPherson JA}} |{{ON}}| CA| 8 years (kidnapping)<br> 8 years (robbery) | {{FindSummaries|jcjjj}} {{keywords|}} }}

{{SpanYear2|2020}}
{{SCaseLong|{{CanLIIR-S|Baskaran|j4rnb|2020 ONCA 25 (CanLII)}}{{perONCA|Nordheimer JA}} | {{ON}} | CA | |  {{FindOthers|j4rnb}} {{keywords|robbery|immitation firearm|truck driver victims}} }}

{{SpanYear2|2017}}
{{SCaseLong|{{CanLIIR-S|Dillon|h376h|2017 SKCA 28 (CanLII)}}{{perSKCA|Lane JA}}|{{SK}}| CA|  3 years (kidnapping)<br>30 day (breaches x2)| The offender pleaded guilty to kidnapping and breach of conditions x 2. {{FindOthers|h376h}} {{keywords|}} }}

{{SpanYear2|2016}}
{{SCaseLong|{{CanLIIR-S|Paradis|gvpkh|2016 BCPC 354 (CanLII)}}{{perBCPC|Doulis J}} |{{BC}}| PC|6 months (confinement)<br> 6 months (threats)<br> 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.  {{FindOthers|gvpkh}} {{keywords|}} }}

{{SpanYear2|2013}}
{{SCaseLong|{{CanLIIR-S|Ghodsi|g0ssm|2013 ABCA 337 (CanLII)}}{{perABCA|Berger JA}} |{{AB}}|CA| {{JailY|2.5}}| 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. {{FindOthers|g0ssm}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Cook|fxc4t|2013 MBQB 100 (CanLII)}}{{perMBQB|Martin J}} |{{MB}}|SC| {{JailY-O|9|kidnapping}}<br> {{JailY-O|7.5|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." {{summfrom|Lemoine|g7x2m#par38|2014 NSPC 49}} {{FindOthers|fxc4t}} {{keywords|kidnapping|sexual assault|in home}} }}

{{SpanYear2|2012}}
{{SCaseLong| {{CanLIIR-S|White|ft538|2012 ONCJ 619 (CanLII)}}{{perONCJ|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. {{FindSummaries|ft538}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Walters|fpw8s|2012 ABQB 83 (CanLII)}}{{perABQB|Graesser J}} | {{AB}} | {{QB}} | {{JailYO|3|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." {{summfrom|KDH|fs78w#par112|2012 ABQB 471 (CanLII)}}{{atL|fs78w|112}} {{FindSummaries|fpw8s}} {{keywords|}} }}

{{SpanYear2|2011}}
{{SCaseLong|{{CanLIIR-S|Singh|fmkct|2011 ONCJ 394 (CanLII)}}{{perONCJ|Robertson J}}|{{ON}}|PC |6 months (confinement)<br> 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.}}

{{SCaseLong|{{CanLIIR-S|McCann|fnxg6|2011 BCSC 1590 (CanLII)}}{{perBCSC|Schultes J}} |{{BC}}| SC| {{2YLD}} (confinement)<br>{{2YLD}} (assault CBH)| {{FindSummaries|fnxg6}} {{keywords|}} }}

{{SpanYear2|2009}}
{{SCaseLong|{{CanLIIR-S|Oxford|273x2|2009 CanLII 70905 (NLPC)}}{{perNLPC|Gorman J}} |{{NL}}|PC| {{JailM|12}} | The offender was also sentenced on poss'n of weapon (88) and breaches. He confined wife in the house at knife-point.}}

{{SpanYear2|2008}}
{{SCaseLong|{{CanLIIR-S|Power|1vf72|2008 NLTD 6 (CanLII)}}{{perNLSC|Thompson J}}|{{NL}}|SC| 5 months (confinement) <br>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. {{FindOthers|1vf72}} }}

{{SCaseLong|{{CanLIIR-S|Tahvili|1vccm|2008 BCSC 22 (CanLII)}}{{perBCSC|Joyce J}} | {{BC}} | SC | | {{summfrom|||}} {{FindOthers|1vccm}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Radisic|21r2b|2008 ONCA 822 (CanLII)}}{{TheCourtONCA}} | {{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." {{summfrom|Tahvili|1vccm#par43|2008 BCSC 22}} {{FindOthers|21r2b}} {{keywords|}} }}

{{SpanYear2|2007}}
{{SCaseLong|{{CanLIIR-S|Ayach|1r04t|2007 BCSC 398 (CanLII)}}{{perBCSC| 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." {{summfrom|Tahvili|1vccm#par43|2008 BCSC 22}} {{FindOthers|1r04t}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Randhawa|1v965|2007 BCCA 598 (CanLII)}}{{perBCCA|Hall J}} | {{BC}} | CA | | {{FindOthers|1v965}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Deo and Mangat|1v968|2007 BCCA 626 (CanLII)}}{{perBCCA| J}} | {{}} | | |   {{FindOthers|1v968}} {{keywords|}} }}

{{SpanYear2|2004}}
{{SCaseLong|{{CanLIIR-S|Schira|1j9sz|2004 ABCA 369 (CanLII)}}{{perABCA|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." {{summfrom|KDH|fs78w#par112|2012 ABQB 471 (CanLII)}}{{atL|fs78w|112}} {{FindSummaries|1j9sz}} {{keywords|}} }}

{{SpanYear2|2003}}
{{SCaseLong|{{CanLIIR-SN|Ingram|, [2003] O.J. No. 3801 (ONSC)}} | {{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."{{summfrom|Tahvili|1vccm#par43|2008 BCSC 22}}  {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|McBride|1g870|2003 NSSC 204 (CanLII)}}{{perNSSC|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. {{FindOthers|1g870}} {{keywords|joint recommendation}} }}
{{SpanYear2|2002}}
{{SCaseLong|{{CanLIIR-S|JB(S)|5gtz|2002 ABCA 211 (CanLII)}}{{perABCA| 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." {{summfrom|KDH|fs78w#par112|2012 ABQB 471 (CanLII)}}{{atL|fs78w|112}} {{FindSummaries|5gtz}} {{keywords|}} }}

{{SpanYear2|2001}}
{{SCaseLong|{{CanLIIR-S|Gbeve|1fh4d|2001 MBCA 73 (CanLII)}}{{perMBCA|Kroft JA}}|{{MB}}|CA| |}}

{{SpanYear2|2000}}
{{SCaseLong|{{CanLIIR-S|Pupovic|1fbcm|2000 CanLII 16876 (ON CA)}}{{TheCourt}}|{{ON}}|CA| {{JailY|2}} |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.}}

{{SCaseLong|{{CanLIIRPS|Savchenko|fwvvr|2000 CanLII 28797 (NLSCTD)|191 Nfld. & PEIR 225 (NLSC)}}{{perNLSC|Adams J}} |{{NL}}|SC | {{JailM|18}} | 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. {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Twizell|532q|2000 BCCA 181 (CanLII)}}{{perBCCA|Donald J}} | {{BC}} | CA | | {{FindOthers|532q}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Chong|53d8|2000 BCCA 359 (CanLII)}}{{perBCCA|Southin JA}} | {{BC}} | CA | {{JailY|14}} |  {{FindOthers|53d8}} {{keywords|ransom}} }}

{{SpanYear2|1998}}
{{SCaseLong|{{CanLIIR-S|Mills|1wmdv|1998 CanLII 15020 (BC CA)}}{{perBCCA|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." {{summfrom|Tahvili|1vccm#par43|2008 BCSC 22}} {{FindOthers|1wmdv}} {{keywords|ransom}} }}

{{SCaseLong|{{CanLIIR-S|Hiltz|1f0sq|1998 CanLII 6235 (BC CA)}}{{perBCCA|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." {{summfrom|Tahvili|1vccm#par43|2008 BCSC 22}} {{FindOthers|1f0sq}} {{keywords|}} }}

{{SpanYear2|1995}}
{{SCaseLong|{{CanLIIR-S|Dorland|1ddlp|1995 CanLII 2861 (BC CA)}}{{perBCCA| J}} | {{BC}} | CA | |  {{FindOthers|1ddlp}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Hui|1dd9s|1995 CanLII 2836 (BC CA)}}{{perBCCA|Hinkson JA}} | {{BC}} | CA | {{JailY|14}} | {{FindOthers|1dd9s}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Jacklin (T.J.)|gq68z|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." {{summfrom|KDH|fs78w#par112|2012 ABQB 471 (CanLII)}}{{atL|fs78w|112}}{{FindSummaries|gq68z}} {{keywords|}} }}

{{SpanYear2|1994}}
{{SCaseLong|{{CanLIIRPS|Rowe|g090h|1994 CanLII 10494 (NLSCTD)|126 Nfld. & PEIR 301 (NLSC)}}{{perNLSC|Easton J}} |{{NL}}|SC| 3 months (confinement)<br> | The offender also sentenced for uttering threats, dangerous operation, and assault with a weapon. He confined wife in a vehicle. {{FindOthers|g090h}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Clark|2db9t|1994 ABCA 55 (CanLII)}}{{perABCA| 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." {{summfrom|KDH|fs78w#par112|2012 ABQB 471 (CanLII)}}{{atL|fs78w|112}}{{FindSummaries|2db9t}} {{keywords|}} }}

{{SpanYear2|1993}}
{{SCaseLong|{{CanLIIR-S|Cryderman (J.L.)|gq0sk|1993 CanLII 16392 (AB CA)}}{{perABCA|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."  {{summfrom|KDH|fs78w#par112|2012 ABQB 471 (CanLII)}}{{atL|fs78w|112}} {{FindSummaries|gq0sk}} {{keywords|}} }}

{{SCaseEnd}}

; 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