Originally Posted by
canadiancow
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.
Obviously she did not want the individuals caught but a deliberate act was committed which a reasonable person would know that a wrongful detention and human rights violations would occur.
This is why some states have updated their status to address wrongful deaths in swatting incidents.
An 18 year old playing a prank may not have cause death but if a death occurs they can still be charged with felony murder.
The only thing I would add if that if the drugs do make it and are intercepted in a country that has harsh laws then that country should have crack at prosecution first, nstead of wasting Canadian taxpayer dollars.