Kidnapping Charges Edmonton

Although abduction and kidnapping are similar, abduction is defined as unlawfully taking a child away from their legal guardian or parent. It also includes different categories of abduction such as:

• Parental child abduction
• Stranger abduction
• Non-family abduction

In order to prove beyond a reasonable doubt that a kidnapping occurred, the Crown Prosecutor must show that:

• The victim was taken from one place to another without their consent
• The victim was confined
• That the accused had no lawful authority to take the complainant
• The accused’s intent was to deprive them of their freedom

As kidnapping technically involves the element of unlawful detention, taking your own child against the will of the other parent is more likely to be considered abduction rather than kidnapping.

This is where the law of child abduction by a parent can get complex, as it is still considered an abduction even if the child consents to go with you or asks you to take them.

Abductions can also happen by accident if you don’t fully understand your custody arrangement or family court order, and mistakenly keep your child longer than you were supposed to.

A lawyer can assist you in defending against a charge of kidnapping by assessing the evidence to determine whether the Crown Prosecutor can prove all the elements of the offence of kidnapping beyond a reasonable doubt.

Your lawyer may also consider some further factors for your defence, such as whether the complainant actually provided their consent to be moved. A kidnapping charge depends on proof that the individual was moved against their will.

Additionally, if you were under duress or were coerced into the offence, it may be that you have a viable defence to your charges.