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Criminal - Kidnapping

. R. v. Picard

In R. v. Picard (Ont CA, 2025) the Ontario Court of Appeal briefly comments on 'kidnapping':
[117] ... A person commits kidnapping under s. 279(1)(a) if they kidnap a person with intent to cause the person to be confined or imprisoned against the person’s will. That includes when the person being kidnapped seemingly agreed to accompany the perpetrator under false pretences, and thus “[t]he fact that the person is not forcibly conveyed by a stratagem of an inducement can make no difference”: R. v. Metcalfe (1983), 1983 CanLII 248 (BC CA), 10 C.C.C. (3d) 114 (B.C.C.A.), leave to appeal to S.C.C. refused, (1984) 54 N.R. 320 (note). Kidnapping is an aggravated form of false imprisonment because it involves moving the victim: R. v. Vu, 2012 SCC 40, [2012] 2 S.C.R. 411, at paras. 31, 41. It is moreover a continuing offence; “while the crime of kidnapping may be complete in law when the victim is initially apprehended and moved, the crime will not be complete in fact until the victim is freed”: Vu, at para. 6; see also R. v. McGregor, 2019 ONCA 307, 145 O.R. (3d) 641, at para. 65. The person who is kidnapped remains forcibly confined throughout.


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Last modified: 09-06-25
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