The offence of abduction is outlined in section 281 of the Criminal Code.
A person commits the offence of abduction when they take, entice away, conceal, detain, receive, or harbour a person under the age of 14 despite not being that person’s parent or guardian or not having lawful charge or care of that person.
Person A lures a 13-year-old child they do not know into their car with the intention of taking this child to person A’s home and away from the child’s parents.
Person B checks a 12-year-old child out of school to bring to person B’s home, but person B is not this child’s parent or guardian and does not have lawful care or charge of this child.
R. v. Baksh, 2005 CanLII 46740 (ON SC)
In R. v. Baksh, the accused was convicted of one count of abduction for taking his girlfriend’s eight-year-old son on a road trip for 11 days without her consent after the accused had gotten into a heated argument with her.
R. v. Thompson, 2021 ONSC 1595
In R. v. Thompson, the accused was convicted of one count of abduction for keeping a four-year-old girl, who he had picked up at a park, in his car for two minutes while he touched her inappropriately before dropping her off in front of her house.
Offence Specific Defence(s)
Parent, Guardian, or Lawful Charge or Care
Where a person is the parent or guardian of the child or has lawful charge or care of the child, they may not have completed the offence of abduction by taking that child away from another person who is that child’s parent or guardian or has lawful charge or care of the child.
Older than 14
Where the person is 14 years old or older, a person has not completed the offence of abduction by taking them away from their parent or guardian or someone who has lawful care or charge of them.
Where the person does not intend to deprive the parent or guardian or person with lawful care or charge of the child they are taking away from them, they may not have completed the offence of abduction. For example, if person A is carrying person B, who is five years old, out of person B’s burning home to rescue them, person A may not have completed the offence of abduction even though they may be physically taking that child away from their parent or guardian or a person who has lawful charge or care of the child.
More Legal Information
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.