INTRODUCTION AND BRIEF DESCRIPTION
Section 279(1) of the Criminal Code of Canada makes it an offence to kidnap a person with the intention of confining them against their will, sending them out of the country against their will, or holding them for ransom or service against their will.
SECTION WORDING
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.
EXPLANATION
Section 279(1) of the Criminal Code of Canada outlines the offence of kidnapping, which involves the act of intentionally taking or confining a person against their will. This section of the code identifies three distinct forms of intent that can constitute kidnapping: confinement or imprisonment, unlawful transportation out of Canada, and ransom or servitude. Under this provision, a person may be charged with kidnapping if they take someone and confine them against their will, or if they transport them out of Canada without legal permission or against their will. The latter may occur, for example, in cases of international parental child abduction. Finally, a person may be charged with kidnapping if they take someone for purposes of holding them for ransom or subjecting them to forced labor or servitude. The offence of kidnapping is taken very seriously under Canadian law, and those found guilty can face significant penalties, including lengthy prison sentences. This provision is designed to help protect individuals from acts of violence, coercion, and exploitation, and to maintain the safety and security of the community as a whole. Overall, Section 279(1) serves as an essential tool for law enforcement when it comes to investigating and prosecuting cases of kidnapping in Canada.
COMMENTARY
Section 279(1) of the Criminal Code of Canada is a criminal offence related to the act of kidnapping. The section outlines three circumstances where kidnapping can lead to criminal liability. The three situations include confining or imprisoning a person against their will, unlawfully sending or transporting them out of Canada against their will, or holding the person for ransom or to service against their will. Kidnapping is one of the most severe forms of crime. It involves unlawfully and forcefully taking a person away from their home or from a place where they feel safe. It not only affects the person being kidnapped but also their family members and friends, who are left behind to worry and wonder about their safety. One of the conditions outlined in section 279 of the Criminal Code of Canada relates to confining or imprisoning a person against their will. This provision targets the act of forcibly restraining a person and holding them in captivity either physically or by using psychological means. The victim may be moved to a remote location where they are held under constant watch, depriving them of their freedom and violating their rights. The second provision included in this section of the Criminal Code of Canada relates to unlawfully sending or transporting a person out of Canada against their will. Kidnapping someone and taking them out of the country, under false pretenses, is a tactic that kidnappers use to keep their victims from escaping. It is a serious offense that attacks the liberty of the victim. Lastly, holding someone for ransom or service against their will is a crime where the abductor demands or expects payment or service in exchange for the release of the victim. This act is prevalent in many parts of the world and serves as a source of income for criminal entities. This section of the Criminal Code of Canada is an attempt to curtail such activities and deter criminals from attempting such actions. It is essential to protect citizens from the harm caused by kidnapping, as it destroys families, communities, and the peace and safety of society. The law provides severe consequences for those found guilty of kidnapping, which include long prison terms and hefty fines. A conviction of kidnapping also carries a lasting social stigma that can impact an individual for the rest of their life. In conclusion, section 279(1) of the Criminal Code of Canada is an essential provision that protects the right to liberty, security, and freedom from kidnapping. It sends a clear message to criminals that kidnapping victims will not be tolerated, and legal protection for victims will be provided. This section serves as a crucial tool for law enforcement in their efforts to prevent and combat kidnapping in Canada. It is a testament to the value placed on the safety and protection of citizens in Canada.
STRATEGY
Section 279(1) of the Criminal Code of Canada deals with the offence of kidnapping. It outlines three different types of intentions that can lead to the crime of kidnapping and carries severe penalties upon conviction. This section raises several strategic considerations, including the need to establish the intent behind the act, the seriousness of the victim's situation, and the possible defences that can be raised to challenge the charge. One of the first strategic considerations when dealing with section 279(1) is establishing the intent behind the act. The section sets out three different types of intentions which must be present for the act to be considered kidnapping. The prosecutor must prove that the accused intended to confine or imprison the victim, send them out of the country against their will, or hold them for ransom or service. This element can be hard to prove in some cases, making it one of the primary strategic considerations. Another strategic consideration is the victim's situation. If the victim is a child or a vulnerable person, the penalties for kidnapping may be more severe. The prosecution will likely push for a harsher sentence if they can demonstrate that the victim was placed in significant danger by the accused. This makes it important for the defence to consider how best to present their case in court. They may need to argue that the victim was not placed in harm's way or that the accused does not pose a significant threat to the victim in the future. Possible defences that can be employed also need to be considered. In some cases, the accused may argue that they did not intend to kidnap the victim. For example, they may claim that the victim willingly got into their car, and they did not plan to keep them against their will. Alternatively, they may argue that they did not know their actions were illegal and they lacked the required intent under section 279(1). The defence may have to present evidence to support their argument, such as the absence of coercion or threats towards the victim. A further strategic consideration is the potential sentence that the accused may face if convicted. Kidnapping is a serious offence, and the penalties can be severe, depending on the situation. The maximum sentence for kidnapping is life imprisonment, which means the stakes for the accused are high. As a result, the defence may need to develop a strategy that involves negotiating a plea deal or arguing for a lesser sentence based on mitigating circumstances. In conclusion, section 279(1) of the Criminal Code of Canada outlines the offence of kidnapping, which is a severe offence that carries significant penalties. Strategic considerations when dealing with this section of the Code include establishing the intent behind the act, the severity of the victim's situation, the possible defences that can be raised, and the potential sentence that the accused may face if convicted. A robust defence requires careful consideration of these factors and the development of a strategic plan that will help to achieve the best possible outcome for the accused.