Originally Posted by
stevendorechester
Anyone who commits an act that has an innocent person detained should be charged with forcible confinement or kidnapping and if the innocent person is injured by police or in jail, then an assault charge is warranted.
I don't think you could get past the basic mens rea test. The criminal here absolutely did not want the victims caught, as it resulted in the drugs being seized.
Even if Canadian law allowed "forcible confinement by proxy" or "kidnapping by proxy" to be charged when police arrest the wrong person, there'd have to be intent. Maybe you could make that argument if Alice planted drugs on Bob, then called the police about "Bob's drugs". But not here.