Child Kidnapping and Abduction

Section 279 of the Criminal Code makes it an offence to kidnap a person with the intention of confining that person against their will, having them sent out of Canada against their will, or holding them for ransom. Intent is a required part of the offence under s.279. The act alone, without that intent, is not enough.

Section 280 makes it an offence for any person to take a child under the age of 16 out of the care of a parent, guardian, or anyone else lawfully in charge of that child, without lawful authority and against the will of that caregiver. This offence can be committed by a stranger or anyone else. It is not limited to parents or family members.

Section 282 makes it illegal for a parent, guardian, or caregiver to take, entice away, conceal, detain, receive, or harbour a child under the age of 14 "in contravention of a custody order or a parenting orderA court order setting out who is responsible for a child. made by a court anywhere in Canada," with the intent of depriving another parent, guardian, or caregiver of possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of that child.

For charges under sections 281, 282 and 283, the Crown must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that the accused took, concealed, or harboured the child with the intent to deprive the other parent, guardian, or caregiver of possession. For a charge under section 280, however, the Crown does not need to prove that intent. It only needs to prove that the accused took the child without lawful authority and against the will of the person who had care of the child.

Section 284 provides a defence that applies to charges under sections 281, 282 and 283 only. No one will be found guilty under those sections if they can establish that the taking was done with the consentVoluntary agreement to engage in an sexual act of the parent, guardian, or other person who had lawful possession or care of the young personA person dealt with under the youth criminal justice system.. This defence is not available for a charge under section 280.

Section 285 of the Code provides that no one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of the young person "was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm."

Your lawyer may be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during the police investigation. In all cases, a successful defence is built on the facts of the case.

The Code states that kidnapping is an indictable offenceA more serious type of Canadian criminal offence. and you will be imprisoned if convicted. The Crown can prosecute abduction as an indictable offence or as a summary offenceLess-serious criminal offences, with fines and lighter jail sentences given upon conviction.

If the kidnapping victim is under 16 years of age, s.279(1.1) states that the maximum penalty is imprisonment for life. A mandatory minimum of five years applies in most cases, but there is an important exception: if the offender is a parent, guardian, or person having the lawful care or charge of the child, that mandatory minimum does not apply. The five-year floor applies to offenders who do not fall within that parent, guardian, or lawful-care exception. If a non-restricted firearm is used in the commission of the offence without any connection to a criminal organization, the minimum penalty is four years in prison, with a maximum sentence of life imprisonment.

In all cases covered by s.279(1.1)(a.2), s.279(1.21) of the Code states that, in imposing a sentence, "the court shall take into account the age and vulnerability of the victim."

If you abduct someone under 16 and the charge is treated as an indictable offence, you can be imprisoned for up to five years. Lower maximums apply if the charge is handled by summary convictionUsed for lesser offences.

If the person abducted was under 14 and was taken by someone who is not a parent, guardian, or person with lawful care or charge, the maximum is 10 years in jail on indictment. Lower maximums apply on summary conviction.

A parent or guardian who contravenes a parenting or custody order involving a child under 14 could face up to 10 years in prison if the charge is treated as an indictable offence. Lower maximums apply if it is handled by summary conviction.

The Criminal Code does not use 'child kidnapping and abduction' as one single offence name. These cases may be charged as kidnapping under s. 279 or as abduction of a young person under ss. 280 to 283, depending on the child's age, whether the accused is a parent or guardian, and whether a custody or parenting order was in place.