Friday, August 8, 2014
Peter Sankoff and Adrienne Funk (University of Alberta - Faculty of Law and University of Alberta - Faculty of Law) have posted Why Should a Confinement Need to Be 'Significant' to Attract Liability? A Proposal to Clarity and Reform the Current Approach to Forcible Confinement (Criminal Law Quarterly, Forthcoming) on SSRN. Here is the abstract:
On the surface, the crime of forcible confinement set out in s 279(2) of the Criminal Code of Canada is straightforward enough. Nonetheless, because of some strange turns in the jurisprudence, the common law now requires confinement to be of a “significant” duration before a conviction can be imposed, even though the statute says nothing along these lines. This article explores how this confusing state of affairs came to be, considers the ramifications of this development, and proposes a solution.