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Kidnap

Every person commits an offence who kidnaps a person with intent to cause the person to be confined or imprisoned against the person’s will to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or to hold the person for ransom or to service against the person’s will.

The 2007 version of Canada's Criminal Code defined the offence of "kidnapping" as follows:

"Every person commits an offence who kidnaps a person with intent to cause the person to be confined or imprisoned against the person’s will to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or to hold the person for ransom or to service against the person’s will."

The offence adds that "the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force".

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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