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Offences Against the Person

Criminal harassment or commonly referred to as “stalking” is a criminal offence encapsulated under Section 264(1) of the Criminal Code of Canada. The Criminal Code of Canada defines criminal harassment as engaging in prohibited conduct without lawful authority, knowing that the conduct harasses another person or being reckless as to whether it does, and causing the victim to reasonably fear for their safety or that of someone known to them. The offence covers behaviours like stalking, unwanted communication, or threats that create a reasonable fear, even if no physical harm occurs.
To prove a criminal harassment allegation, the Crown must prove beyond a reasonable doubt the following conduct:
In the context of criminal harassment, under Sections 264(2) of the Criminal Code of Canada, the term “repeatedly” refers to conduct that occurs multiple times, generally exceeding one or two instances. The conduct must be deemed excessively frequent, taking into account the specific circumstances of the case.
The Court must determine whether a reasonable person, situated in the complainant’s specific circumstances, would fear for their own safety or the safety of someone known to them. In evaluating the reasonableness of the complainant’s fear, the Court must consider relevant factors, including, but not limited to, the complainant’s gender and history of the prior relationship between the complainant and the accused.
The severity of criminal harassment can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 10 years.
If you require legal assistance for criminal harassment or other offences against a person, please contact us now for a confidential consultation.
Forcible Confinement
Forcible confinement is encapsulated under Section 279(2) of the Criminal Code of Canada and involves the unlawful restricting of another person’s liberty by confining, imprisoning, or forcibly seizing them without their consent and without lawful authority. The offence is designed to protect personal freedom and autonomy, addressing situations where an individual is physically or psychologically coerced into remaining in a particular place or situation against their will.
In forcible confinement cases, the Crown must substantiate several elements beyond a reasonable doubt for a conviction. These elements include:
The severity of forcible confinement can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 10 years.
Kidnapping
Captured in Section 279(1) of the Criminal Code of Canada, kidnapping involves the unlawful confinement, transport, or abduction of a person against their will, typically with the intent to achieve a specific purpose, such as holding the victim for ransom, as a hostage, or to facilitate another crime. The offence is designed to protect personal liberty and safety, reflecting the severity of depriving someone of their freedom.
Kidnapping is distinct from related offences such as forcible confinement or abduction. Abduction often involve minors or parental disputes.
In kidnapping cases, the Crown must substantiate several elements beyond a reasonable doubt for a conviction. These elements include:
The aggravating and mitigating circumstances of each case relating to kidnapping can drastically influence the penalties.
If you require legal assistance for forcible confinement, kidnapping, or other offences against a person, please contact us now for a confidential consultation.
“Trafficking in persons” or commonly referred to as “human trafficking” comprises of the recruitment, transportation, or harbouring of individuals through force, coercion, deception, or abuse of power for the purpose of exploitation, such as forced labour, sexual exploitation, or organ removal. The offence targets severe violations of human rights and personal autonomy.
The Criminal Code of Canada has a number of offences in relation to human trafficking. The offences include trafficking in persons, trafficking of a person under the age of eighteen years, material benefit – trafficking, material benefit – trafficking of a person under the age of eighteen years, withholding or destroying documents – trafficking, withholding or destroying documents – trafficking of a person under the age of eighteen years, and exploitation.
Human trafficking is not only encapsulated in the Criminal Code of Canada, it is also supplemented by provisions in the Immigration and Refugee Protection Act (IRPA). The Immigration and Refugee Protection Act addresses cross-border human trafficking, prohibiting bringing a person into Canada by abduction, fraud, deception, or use of force for illegal purposes.
If you require legal assistance for human trafficking or other offences against a person, please contact us now for a confidential consultation.

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