According to Canadian law, kidnapping is when someone is taken to another place without his/her will. It is unlawful activity, and most of the time, kidnappers ask money from that person’s family. Even if the parent keeps their child without having legal custody is considered as kidnapping, and they may be charged for this. People always have some questions about what is the punishment for kidnapping in Canada. Please follow this article to find all the answers.
Why kidnapping occurs?
Usually, kidnapping happens because when someone needs money, and they want to get that illegally. Or someone may kidnap children because they want to make them servants for doing other illegal activities.
In some cases, kidnapping may happen in divorce cases to ask for property in a high amount. In short, a seizure occurs because of the ransom amount. These incidents are created by any strangers or someone from your family who has criminal minds.
In Canada, it is considered a severe crime. Criminals can be sentenced for twenty or more years. It depends on the activities of how serious it is and also the base of the circumstances.
It requires three distinct actions, based on the part of the offender when the situation is in the act of the kidnapping. The first one is unlawful to take the victim without their consent or forcefully. The second one is hindering the victim. Thirdly, doing the first two actions to achieve at least one following goal; snatch the victim’s liberty, forcefully doing illegal tasks to the victims without their will.
Punishment for kidnapping in Canada
After committing a murder or rape case, kidnapping is considered a serious issue. And the charges of these crimes is high in Canada.
In some cases, the court asks for a high payment, probation, or send them in house arrest. If the criminal does the same activity frequently, then the court will propel them into jails for a few months or even for years.
The court will not remove any previous record of any person so criminals cannot escape their crimes, and base on that, it would be easy for the court to give punishment in their serious crimes. It is better to inform you that if you have enrolled for these types of crimes, then it would be difficult for that person to become a permanent resident or getting Canadian citizenship. Or, if you have any previous kidnapping crimes, Canada will not accept you in their country.
In Canada, when it is considered that “it is a kidnapping case”-
- When any person imprisoned or controlled someone’s against that specific person’s will;
- When any person is transported to another place without Canada’s law;
- When a person is held to get ransom from their family or if they are hurt.
What is Child Abduction, and does it consider as a crime?
If you move your child to another place without your partner’s consent, then you will be charged in kidnapping case according to the Criminal Code of Canada. At that time, it is important to know why the other parent has moved to the other place without informing others when they don’t have the authority to have the child.
Sometimes moving away with the child from the other guardian is not a crime if the other parent has the idea where you are moving and why. And also, it does not matter if the child is moving with willingly, but you will be charged under 286 CCC. And if you take the child to protect them or yourself, then you will be charged under 285 CCC cases.
What punishment is considered for that person who did the kidnapping?
If any person is found guilty of a criminal offense, then he will be announced for some penalty under subsection (1); like,
- If a constrained prohibited firearm is used in the commission of the offense and the offense is committed for the benefit of the organization, then the punishment would be imprisonment for life, or the minimum sentence is considered like
- For the first offense, the punishment is for five years and
- For the second offense or if there is any additional offense, then the court will give the punishment for seven years.
- In many cases, if a firearm is used in the commission of the offense, then the minimum punishment of the sentence would be for four years.
- In other cases, imprisonment will be sentenced to life.
- If the convicted person has committed any subsequent offense or if that person has committed or has any earlier offense, then he will have to face some consequences. Those offenses should have fallen on some subsection like
- Any offense under subsection (1);
- Offences which are under subsection 85(1) or (2) or section 244 or 244.2;
- Crimes which are considered under section 220, 236, 239, 272, 273, 279.1, 344 or 344.
Factors which will be considered
- When the court will give their decision or when they will provide any legal action, they will first consider the age of the criminals or the vulnerability of the victim.
In Canada, criminal laws are very well skilled and experienced with the Canadian criminal system. They know how to deal with the prosecutors, and with their best ability, the victim can get their best outcomes.
Being in charge of a serious crime like kidnapping is really shocking and not acceptable in Canada. You will always find someone besides your side when you are the victim in this case. Along with the government, also the public will always be supportive of your legal processes.
If someone is facing a kidnapping case, they need to know what the punishment for kidnapping in Canada is, then need to find an efficient lawyer who can defend you in the court with possible outcomes.