Assault and Domestic Offences

Section 265 of the Criminal Code of Canada provides the definition for assault. Under Section 265(1) of the Criminal Code of Canada, a person commits an assault when they: a) Intentionally apply force to another person, either directly or indirectly, without their consent; b) attempt or threaten, by an act or gesture, to apply force to another person, causing them to reasonably believe that the accused has the present ability to carry out the threat and; c) openly and intentionally accost or impede another person, or beg, while openly carrying a weapon or an imitation of a weapon.

Assault is a broad offence that encompasses both physical acts and non-physical acts. Causing harm to an individual is not a prerequisite for an assault to occur. In certain cases, a push may be adequate to establish criminal assault.

The Crown must prove the following elements beyond a reasonable doubt to secure a conviction for assault.

Intentional Act: The accused must have intentionally applied force, attempted to apply force, or threatened to apply force. The force can be minimal and does not need to cause injury.
Consent: The victim must not have consented to the application of force or the threat. Consent is invalid if obtained through coercion, abuse of authority, or if the victim is incapable of consenting.
Objective Perception: In cases of attempted or threatened assault, the complainant must have reasonably believed the accused had the ability to carry out the threat.
Context: For assaults involving accosting or impeding, the act must be intentional and done in a way that interferes with the complainant’s freedom of movement.

Depending on the facts of the case, some of the defences available when an individual is facing an assault charge could be consent, mistaken belief in consent, and self-defence.

For more information on assault related offences, please contact us now for a confidential consultation.

In the commission of an assault, if an individual causes bodily harm to the victim, there is a possibility one can be charged with assault causing bodily harm. Assault causing bodily harm is specifically referenced in Section 267(b) of the Criminal Code of Canada.

Section 267(b) of the Criminal Code of Canada states, that a person commits an offence if they commit an assault and cause bodily harm to the victim, either:

Bodily harm is defined in Section 2 of the Criminal Code of Canada as any injury to a person that interferes with their health or comfort and is more than merely transient or trifling in nature. Assault causing bodily harm can also include psychological harm.

For the Crown to secure a conviction, the case must be proven beyond a reasonable doubt and the following elements must be satisfied:

Assault: The accused intentionally applied force to the victim without their consent, or the accused attempted or threatened to apply force, causing the victim to reasonably believe the threat could be carried out.
Bodily Harm: The assault resulted in bodily harm, meaning an injury that is more than minor or temporary.
Causation: The bodily harm was directly caused by the accused’s actions during the assault.
Intent: The accused intended to apply force or threatened/attempted to apply force. However, they do not necessarily need to have intended to cause bodily harm; it is sufficient that the harm resulted from their intentional act.

The severity of assault causing bodily harm can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 10 years.

For more information on assault causing bodily harm or other assault related offences, please contact us now for a confidential consultation.

Under Section 267 of the Criminal Code of Canada, a person commits an assault with a weapon if they carry, use, or threaten to use a weapon or an imitation of a weapon while committing an assault. The assault itself is defined under Section 265(1) as the intentional application of force to another person without their consent, or an attempt or threat to apply force that causes the person to believe such force is imminent.

A weapon is broadly defined under Section 2 of the Criminal Code as anything used, designed to be used, or intended for use in causing death or injury to any person, or for the purpose of threatening or intimidating any person. Any item, including everyday objects, can be classified as a weapon.

The Crown bears the burden to satisfy the Court beyond a reasonable doubt that the facts of the case make out the essential elements of the offence. The elements of the offence are:

Assault: The accused intentionally applied force, attempted to apply force, or threatened to apply force to the victim without their consent.
Use of a Weapon: The accused carried, used, or threatened to use a weapon or something resembling a weapon during the assault.
Intent: The accused had the intent to commit the assault and to use or threaten the use of the weapon.
Consent: The victim did not consent to the application of force.

The severity of assault with a weapon can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 10 years.

For more information on assault with a weapon or other assault related offences, please contact us now for a confidential consultation.

Aggravated assault is incapsulated in Section 268(1) of the Criminal Code of Canada. For an assault to meet the definition of aggravated assault, the sustained injuries must be more substantial than a simple assault. Under Section 268(1) of the Criminal Code of Canada, a person commits aggravated assault if they wound, maim, disfigure, or endanger the life of the complainant during the commission of an assault.

Aggravated assault builds on the definition of assault in Section 265 of the Criminal Code of Canada, which involves the intentional application of force to another person without their consent, or an attempt or threat to apply such force. What distinguishes aggravated assault is the severity of the harm caused, elevating it beyond a common assault or assault causing bodily harm.

The Crown bears the burden to satisfy the Court beyond a reasonable doubt that the facts of the case make out the essential elements of the offence. The elements of the offence are:

Assault: Referencing Section 265 of the Criminal Code of Canada, the accused intentionally applied force to the complainant without their consent, or threatened/attempted to apply force in a way that caused the complainant to believe such force was imminent.
Severe Harm: The assault resulted in one or more of the following outcomes:
Wounding: Causing a break in the skin that is more than minor or superficial.
Maiming: Causing an injury that permanently impairs or disables a part of the body.
Disfiguring: Causing a permanent alteration to the complainant’s appearance.
Endangering Life: Creating a situation where the complainant’s life is at risk.
Intent: The accused must have intended to apply force or threaten it. The Crown need not to demonstrate that the accused intended to wound, maim, disfigure the complainant in the commission of the offence. Instead, the Crown must establish the accused had an “objective foresight of bodily harm.”

The severity of aggravated assault can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 14 years.

For more information on aggravated assault or other assault related offences, please contact us now for a confidential consultation.

Domestic assault or intimate partner violence is not explicitly defined as a separate offence in the Criminal Code of Canada. Instead, domestic assault refers to assault as defined in the Criminal Code of Canada that occurs within a domestic or intimate relationship.

Under Section 265(1) of the Criminal Code of Canada, a person commits an assault when they: a) Intentionally apply force to another person, either directly or indirectly, without their consent; b) attempt or threaten, by an act or gesture, to apply force to another person, causing them to reasonably believe that the accused has the present ability to carry out the threat and; c) openly and intentionally accost or impede another person, or beg, while openly carrying a weapon or an imitation of a weapon.

When an assault occurs in the context of a domestic relationship, it is referred to as domestic assault. Domestic relationships typically include current or former spouses or common-law partners, current or former dating partners, family members, and individuals living in the same household.

Specific Considerations in Domestic Assault Cases

Arrest and Bail: In domestic assault cases, police may arrest the accused and hold the accused for bail. The police may further impose conditions upon release, such as no-contact orders with the victim or restrictions on returning to the shared residence.
Victim Support: Ontario Courts and police work with Victim Services to provide support, including safety planning, counselling, and referrals to shelters.
Court Process: Domestic assault cases may be prosecuted as summary or indictable offences, depending on severity. Specialized domestic violence courts exist in some Ontario jurisdictions to handle these cases with a focus on victim safety and offender accountability.
Aggravating Factors: Courts may consider the domestic context as an aggravating factor during sentencing.

For more information on domestic assault or other assault related offences, please contact us now for a confidential consultation.

In Canada, an individual may be charged for threatening someone, whether verbally, in writing, through electronic means, or actions. Governed by the Criminal Code of Canada, Section 264.1 sets out the offence of utter threats.

Under Section 264.1(1) of the Criminal Code of Canada, it is an offence to knowingly utter, convey, or cause any person to receive a threat: (a) to cause death or bodily harm to any person; (b) to burn, destroy, or damage real or personal property; or (c) to kill, poison, or injure an animal or bird that is the property of any person.

The Crown bears the burden to satisfy the Court beyond a reasonable doubt that the facts of the case make out the essential elements of the offence. The elements of the offence are:

The Act of Uttering or Conveying a Threat: The accused must have made a statement or performed an act that constitutes a threat. The threat can be communicated in any form. The threat must be clear and intentional, though it does not need to be carried out or even intended to be carried out.
Content of the Threat: The threat must fall within one of the categories listed in Section 264.1(1) of the Criminal Code of Canada: causing death or bodily harm, damaging property, or harming an animal. Bodily harm refers to any physical or psychological harm that interferes with a person’s health or comfort and is more than trivial or transient.
Knowledge and Intent: The accused must have knowingly uttered or conveyed the threat, meaning they were aware of the words or actions used. The Crown does not need to prove that the accused intended to carry out the threat, only that they intended the words or actions to be taken as a threat. The test is whether a reasonable person in the circumstances would perceive the statement or action as a threat.
Receipt of the Threat: The threat must have been conveyed to someone, either the intended recipient or a third party, or caused someone to receive it. It is not necessary for the recipient to feel threatened; the focus is on whether the accused’s words or actions constituted a threat.

The range of penalties for the offence of uttering threats differs based on the facts of a case. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 5 years.

For more information on utter threat or other assault related offences, please contact us now for a confidential consultation.

Address

Email

24/7 Assistance Call

Assault and Domestic Offences