Assault Claims

Various Forms of Assault in Canada

The Canadian Criminal Code classifies various degrees of assault with varying punishment depending on the gravity of the act:

• Common Assault (Section 266) The most basic of all and typically constitutes minimal or no bodily harm — i.e., slapping, pushing, or threatening.
• Assault with Weapon or Causing Bodily Harm (Section 267)These are examples involving injury to some person or using a weapon (or weapon-imitative) object — like hitting somebody over the head with a phone or bottle.
• Aggravated Assault (Section 268) This is the most serious category and includes injuries that disable, disfigure, or endanger a person’s life.

Charging Assault in Canada

Canadian criminal law separates criminal offences into three categories:

• Summary offences – Lesser offences, heard more quickly in court, and normally less severe penalties.
• Indictable offences – More severe offences with longer maximum sentences.
• Hybrid offences – May be tried either way, depending on how seriously the Crown prosecutor feels the case is.

Most assault charges in Canada are hybrid offences, with the exception of aggravated assault, which is always indictable because of the severity of the injury.

Penalties for Assault Charges

Offence	Maximum Penalty (Indictable)	Is Summary Option Available?
Common Assault (s. 266)	Up to 5 years in prison	Yes
Assault Causing Bodily Harm or With Weapon (s. 267)	Up to 10 years	Yes
Aggravated Assault (s. 268)	Up to 14 years	No
Assaulting a Peace Officer (s. 270)	Up to 5 years	Yes
Aggravated Assault on Peace Officer (s. 270.02)	Up to 14 years	No

For summary offences, the maximum jail time is usually up to 18 months, unless the victim is under 16 — in which case the sentence can go up to two years less a day.

What Counts as Assault in Canada?

According to Section 265(1) of the Criminal Code, an act is considered assault if:

• You apply force to someone without their consent.
• You threaten or attempt to apply force, causing the person to fear immediate harm.
• You carry or use a weapon (or a fake weapon) in a way that threatens someone.

Even in the absence of contact, menacing gestures or action can constitute assault — particularly where an individual seriously believes that they are under threat. Threatening words, on their own, are however rarely sufficient except with menacing behavior.

What Constitutes a Weapon?

Just about anything qualifies as a weapon if it is used to cause harm or threaten someone — items such as a coffee mug, belt, or cellphone, depending on how one uses it. Learning Assault with a Weapon or Bodily Harm Section 267 of the Criminal Code indicates that this offense is used when:

• A weapon (or imitation) is employed
• The victim has more than trivial injuries
• The accused tries to strangle or choke the victim

These are serious and prosecuted as an indictable offence, can carry a penalty of up to 10 years in prison.As a summary conviction, the penalty can be up to two years less a day and/or a fine of up to $5,000.

Aggravated Assault:

When Harm Is Severe Under Section 268, aggravated assault is the causing of grievous injuries like permanent disfigurement, broken bones, or those that can prove to be fatal. It is always an indictable offence and can carry up to 14 years of prison time.

Special Cases: Sexual and Domestic Assault

• Sexual Assault (Section 271) covers any sexual activity without consent and can result in up to 14 years of imprisonment, especially if weapons, threats, or minors are involved.
• Domestic Assault is not a separate offense but a term for assaults between people in a domestic relationship (e.g., family members or spouses). These are treated with increased severity by Canadian courts.

Alternative Sentencing and Outcomes

In less serious offenses, particularly for first-offenders, the court may sentence alternatives to jail:

• Discharge – No conviction is recorded, but conditions may be attached.
• Suspended Sentence – No time in jail, but probation is mandated.
• Conditional Sentence – Time served in the community under strict conditions (only available for some non-violent offences).
• Probation or Fines – With or without time in jail.

What the Crown Must Prove

To convict a person of assault, the Crown must prove beyond a reasonable doubt that:

• Force was used on another individual
• The other individual did not consent
• The act was intentional

Assault Claims in Canada

If you’ve been physically assaulted, threatened, or harmed in Canada, you may have the right to take legal action. Depending on your situation, that could involve criminal charges, a civil claim for financial compensation, or in some cases both.

Criminal Assault Charges

In Canada, assault is a criminal offence under Section 265 of the Criminal Code. This law covers more than just physical violence — it includes any situation where someone:

• Applies force to another person without their consent
• Threatens to apply force, even if they don’t make physical contact
• Uses or displays a weapon or imitation weapon in a threatening way

Examples of Criminal Assault:

• Punching, slapping, or pushing someone
• Yelling while making threatening movements
• Hitting someone with a bat or knife
• Domestic violence or sexual assault

Once an incident is reported, police will investigate. If they believe an assault has occurred, they can lay criminal charges. The Crown prosecutor (representing the government) decides whether to proceed with the case.
If the accused is convicted, they may face serious penalties such as:

• Fines
• Probation
• A permanent criminal record
• Jail time, which can be up to 14 years for serious offences like aggravated assault

Civil Assault Claims

Aside from criminal charges, victims can also file a civil lawsuit against their attacker. This legal action is separate from the criminal case and focuses on compensation rather than punishment.

In a civil assault claim, you may be able to seek damages for:

• Physical injuries (like broken bones, bruises, or scarring)
• Emotional distress or trauma (such as anxiety, depression, or PTSD)
• Medical costs or therapy expenses
• Lost income or missed work
• General pain and suffering

Even if the person who assaulted you is not convicted in criminal court, you can still win a civil case. That’s because the civil standard of proof is lower — it’s based on a balance of probabilities, not proof beyond a reasonable doubt.

Statutes and Time Limits

Criminal Law:

• Section 265 of the Criminal Code of Canada defines assault and its variations

Civil Law

• In most provinces, you have 2 years from the date of the assault to file a civil claim.
• In Ontario, this time limit is outlined in the Limitations Act, 2002.

Where to File Your Civil Claim

• If you’re claiming less than $35,000 (in Ontario), you can file your lawsuit in Small Claims Court.
• For claims involving more serious injuries or higher compensation, the case must be filed in the Superior Court of Justice.

If you’re unsure which type of legal action is best for your situation, it’s wise to consult a lawyer experienced in criminal and civil assault cases. They can help protect your rights and guide you through the right process based on your case.

Need Legal Advice?

Whether you’re a victim looking for compensation, or someone facing a false claim, it’s best to speak with us. Call now .We will guide you through your rights, deadlines, and next steps.