Your Forcible Confinement Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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In Canada, being charged with confinement is a very serious criminal offence. As described in the Criminal Code of Canada, this charge typically arises from a confrontation, argument, assault, or verbal threat. However, being charged with confinement does not necessarily mean you will be found guilty. In Canada, you are presumed innocent until you are determined to be guilty by a court. Forcing confinement charges are complicated because of the need for both knowledge of the specifics of the confinement offence as well as the possible defences available to you.
What is Forcible Confinement?
According to Section 279(2) of the Criminal Code of Canada, “deprivation of liberty” is defined as willful and intentional deprivation of another person’s liberty or freedom of movement. Many individuals incorrectly assume that the term “confinement,” as referred to in the Criminal Code, relates to some type of mechanical or physical restriction (i.e., rope, chain, etc.). While that may be the case in some instances, it is not always the case. The focus of the law regarding confinement is to determine if actual liberty was lost. Liberty can be lost in numerous ways. An individual can lose liberty through physical restraint in a specific area (e.g., bedroom, basement, closet), by physically restricting an individual’s ability to exit through your body, or by denying entry into a vehicle by refusing to unlock the doors or slowing down while a passenger attempts to exit. Additionally, an individual can lose liberty through mental coercion or threats (e.g., telling someone they will suffer harm if they do not remain in a designated location).
Penalties and Consequences for Forcible Confinement
As previously stated, Forcible Confinement is a hybrid offence allowing prosecutors to decide whether to proceed summarily or by indictment based upon how serious they consider the allegations.
Summary Prosecution: Up to 18 months incarceration in provincial prison for lesser offences or less serious incidents with minimal evidence of physical force/assault.
Indictment: Up to 10 years imprisonment in a federal prison. Reserved for serious offences and those resulting in greater durations, weapon usage, or domestic violence.
Post-Conviction
After being convicted of forcible confinement you will experience long-term effects far beyond the length of your prison sentence. These include:
- A court will typically ban you from possessing any type of firearm or weapon for a specified amount of time after your conviction.
2. Mandatory submission of biological samples to the National DNA Database.
3. A permanent record of conviction limiting future career options, obtaining a professional license and volunteering.
4. Automatic determination of serious inadmissibility under Section 36 of the Immigration and Refugee Protection Act for non-resident students and employees as well as for residents seeking residency.
How We Defend Forcible Confinement Charges
There are multiple avenues that a defence lawyer may take to defend you depending on the circumstances surrounding your alleged actions. Some good defences include:
- Showing that the complainant was never actually confined. If it is shown that he/she had a means of exiting but chose not to do so, then there is no proof of being held against his/her will.
- Presenting evidence that demonstrates that the complainant willingly chose to be present in a given circumstance. Evidence may include text messaging history, video recording(s) or testimony from witnesses demonstrating that he/she chose to participate in the situation.
- Presenting evidence that demonstrates a valid reason existed for limiting the complainant’s movements. Examples include: parental discipline, private citizens making arrests for public safety reasons or medical staff adhering to established protocols when caring for patients.
- Presenting evidence that demonstrates that any temporary confinement was performed solely to prevent immediate physical injury to himself/herself, you or someone else.
- Identifying contradictions within the complainant’s statements throughout police questioning, initial investigation and/or courtroom questioning to demonstrate doubt as to whether the complainant accurately reported what occurred.
- Asserting that law enforcement violated rights provided for under the Charter of Rights including unreasonable detention, or unreasonable search and seizure. Demonstrating violations of these provisions can potentially exclude key pieces of evidence from trial.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Forcible Confinement Charges FAQs
This charge is distinguishable from the kidnapping charge under Section 279(1). The primary difference lies in the fact of movement. Kidnapping requires proof that the accused moved the victim from one geographical location to another against their will. On the other hand, confinement refers to a single location where the victim remained and was restricted in their freedom of movement. Confinement occurs in all kidnappings; however, not all confinements are kidnappings.
As mentioned earlier, for the Crown Attorney to convict you of the offence of confinement as outlined under Section 279(2), they must meet certain obligations. They must provide sufficient evidence to satisfy each obligation beyond a reasonable doubt. The obligations that the Crown Attorney must meet are:
- That you are the person that committed the act at the exact time and place in Canada.
- That you used words, physical barriers or acts to restrict the complainants' substantial freedom of movement.
- That the complainant did not give consent to remaining in that place or being restricted.
- That you were entitled by law or statute to restrict the person's movement.
- That you had the intention to detain or apprehend the person. Simply closing a door and not knowing someone is inside does not constitute detention.
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