What Is Considered Assault in Ontario?

What Is Considered Assault in Ontario?

Many people associate assault with punching, kicking or physically injuring another person. Under Canadian criminal law, however, the definition of assault is broader than serious physical violence.

A person can potentially face an assault charge even when the complainant suffers no physical injury.

Understanding what constitutes assault is particularly important if you have been arrested, charged or accused of assault in Ontario.

How Does the Criminal Code Define Assault?

Section 265 of the Criminal Code sets out the basic definition of assault.

Generally, assault can occur when someone intentionally applies force to another person without their consent.

However, physical contact is not always required. An assault can also involve an attempt or threat, through an act or gesture, to apply force where the accused has—or causes the other person to reasonably believe they have—the present ability to carry out that threat.

The Criminal Code also addresses circumstances involving someone openly carrying a weapon or imitation weapon while accosting or impeding another person.

Does Assault Require Physical Injury?

No.

A person does not have to cause an injury for an allegation to result in a basic assault charge.

For example, allegations involving intentionally pushing, grabbing or shoving another person could potentially result in an assault charge even if there are no visible injuries.

The seriousness of any alleged injuries can, however, affect the nature of the charge.

Where an assault is alleged to have caused bodily harm, for example, the accused may face an offence under section 267 of the Criminal Code rather than a basic assault charge.

Can Threatening Someone Be Assault?

Certain threats accompanied by an act or gesture can constitute assault.

The legal issue is more specific than simply whether threatening words were spoken. The circumstances surrounding the alleged threat and whether the person had—or caused the complainant to reasonably believe they had—the present ability to carry it out can become important.

Depending on the circumstances, threatening behaviour may also lead to other criminal allegations.

Does Intent Matter in an Assault Case?

Intent can be an important issue.

The Crown must prove the elements of the alleged offence beyond a reasonable doubt.

For basic assault involving physical contact, one issue can be whether force was intentionally applied.

Accidental contact will therefore raise very different issues from an allegation that someone deliberately pushed or struck another person.

What Role Does Consent Play?

Consent is another important issue in assault law.

Section 265 refers to intentionally applying force without the other person’s consent.

Whether consent existed can therefore become a significant issue in some cases.

Canadian law also places limitations on consent in particular circumstances, meaning the defence must be evaluated based on the facts and applicable law.

What Are the Different Types of Assault Charges?

Depending on the allegations, a person could potentially face charges involving:

• Common assault
• Assault with a weapon
• Assault causing bodily harm
• Choking, suffocating or strangling in the commission of an assault
• Aggravated assault
• Domestic assault allegations

The specific charge can significantly affect the potential consequences and defence strategy.

What Should You Do If You’re Charged With Assault?

If you have been charged with assault, avoid assuming that the allegation automatically establishes your guilt.

The Crown must prove the offence beyond a reasonable doubt.

Evidence may include witness statements, surveillance footage, cellphone videos, photographs, medical records, text messages, 911 calls and statements made to police.

A criminal defence lawyer can review the disclosure, explain the allegations against you and determine what legal and factual issues may be available to challenge the Crown’s case.

Speak With an Assault Lawyer in Toronto

Assault allegations can have significant consequences for your reputation, employment, relationships and freedom.

The criminal defence lawyers at Lockyer Zaduk Zeeh represent people charged with assault and other criminal offences in Toronto and throughout Ontario.

Contact LZZ Defence to discuss your circumstances and learn more about your legal options.