Criminal Defence · Assault (Criminal Code ss. 265–269)
Assault Lawyer in Toronto & the GTA
Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto criminal defence · Last reviewed: July 2026
An assault charge in Ontario rarely comes from the situation people picture. It comes from an ordinary evening that turned in seconds — an argument at a house party in Scarborough, a shove in a condo hallway downtown, a scuffle in a parking lot after a late shift, two strangers squaring off outside a bar on King West. Nobody planned it, often nobody was seriously hurt, and yet there are handcuffs, a night in a cell, and a stack of paperwork you barely understand. The reassuring truth is that a charge is only an allegation, and assault cases are among the most defensible in criminal law.
At Kazandji Law, our criminal defence team represents people charged with every level of assault offence across Toronto and the Greater Toronto Area — people who never imagined they would be accused of a violent crime. This page explains what you are actually facing under Canadian assault law in 2026, exactly what the prosecution has to prove, the realistic range of outcomes, and the defences that most often lead to a charge being withdrawn, reduced, or resolved without a record. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation.
One point sets the tone for everything that follows: because assault so often arises from a mutual confrontation, the central question in a huge number of cases is not "did something physical happen" but "who was defending themselves, and was the response reasonable." Once a genuine self-defence claim is on the table, the burden is on the Crown to disprove it beyond a reasonable doubt — and that is a demanding standard. This is why early, strategic advice matters far more than most people assume.
Charged with assault?
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Call 647-588-3234 Request a consultationWhat counts as assault under Canadian law?
Most people are surprised by how broad the legal definition of assault is. It is set out in section 265(1) of the Criminal Code, and it does not require an injury — or even contact. A person commits an assault when, "without the consent of another person, he applies force intentionally to that other person, directly or indirectly"; when "he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose"; or while openly carrying a weapon (or an imitation), he accosts, impedes, or begs from another person.[1]
Read that carefully, because three things fall out of it. First, "force" can be slight — a push, a grab, spitting, knocking something out of someone's hand. There is no requirement of pain or injury. Second, a threat can be an assault even if nobody is ever touched, provided the accused had, or appeared to have, the present ability to carry it out — a raised fist a step away can qualify, while a threat shouted from a moving car generally cannot. Third, and most important, the force must be without consent and applied intentionally. An accidental contact is not an assault, and consent — where the law allows it — is a complete answer.
What the Crown must prove
For a straightforward assault under section 266, the prosecution must prove beyond a reasonable doubt that (1) you intentionally applied force to the complainant (or threatened it with apparent present ability), and (2) the complainant did not consent to that force. Where the charge is elevated — for example assault causing bodily harm — the Crown must additionally prove the aggravating element, such as that bodily harm actually resulted. If any required element cannot be proven, the charge cannot succeed. A defence lawyer's first job is to identify which subsection you are charged under and pin down precisely what the Crown has to establish, because that map dictates the entire strategy.
The role of consent — and its limits
Consent negates assault, but it is not unlimited. Two adults who agree to a friendly wrestle, ordinary contact in the course of a sport played within its rules, or a medical procedure a patient agrees to — none of these are assaults. But Canadian law draws a firm line at serious harm. In the leading Supreme Court decision R. v. Jobidon (1991), the Court held that consent is vitiated — treated as no consent at all — where adults intentionally apply force that causes, or is intended to cause, serious or non-trivial bodily harm in a fight. In practice, this means two people who "agreed" to a bar-parking-lot brawl cannot rely on that agreement if real injuries followed.[6]
Section 265(3) also lists situations where the law says there is no consent at all, even if the complainant appeared to go along: where they submitted because of the application of force, threats or fear of force, fraud, or the exercise of authority.[1] Where an accused genuinely but mistakenly believed the other person was consenting, section 265(4) allows that honest belief to be put to the trier of fact, who weighs whether there were reasonable grounds for it.[1] Sorting out where consent helps and where it does not is often the difference between a defence and a guilty plea.
The levels of assault and their penalties
"Assault" is really a family of offences that climb in seriousness. Which one you face depends on what happened — whether a weapon was involved, whether bodily harm resulted, and how severe any injury was. The table below sets out the maximum penalties written into the Criminal Code. These are ceilings for the worst cases, not typical sentences: a first-time common assault is very rarely sentenced anywhere near the maximum, and as explained further down, many resolve with no conviction at all.
| Offence (Criminal Code section) | Election | Maximum penalty |
|---|---|---|
| Assault / common assault (s. 266) — applying or threatening force, no weapon, no significant injury | Hybrid | Indictable: up to 5 years. Summary: fine up to $5,000 and/or up to 2 years less a day. |
| Assault with a weapon or causing bodily harm (s. 267) — carrying/using/threatening a weapon, causing bodily harm, or choking/suffocating/strangling | Hybrid | Indictable: up to 10 years. Summary: fine up to $5,000 and/or up to 2 years less a day. |
| Aggravated assault (s. 268) — wounding, maiming, disfiguring, or endangering life | Indictable only | Up to 14 years imprisonment. |
| Unlawfully causing bodily harm (s. 269) | Hybrid | Indictable: up to 10 years. Summary: fine up to $5,000 and/or up to 2 years less a day. |
A few points that matter in practice:
- These offences are "hybrid," except aggravated assault. For a hybrid offence the Crown elects whether to proceed by indictment (more serious, higher maximum, longer-lasting consequences) or summarily (less serious). Persuading the Crown to proceed summarily — or to withdraw the charge — is frequently a core objective of the defence. Aggravated assault under s. 268 is straight indictable and cannot be prosecuted summarily.
- The summary-conviction ceiling changed in 2019. Since Bill C-75 came into force on September 19, 2019, the default maximum on summary conviction rose from six months to two years less a day (with a fine up to $5,000).[7] Older articles that still say "six months" are out of date.
- There are no mandatory minimum jail sentences for common assault, assault with a weapon or causing bodily harm, aggravated assault, or unlawfully causing bodily harm. Judges retain broad discretion to craft a proportionate, individualized sentence — including, in the right case, a discharge or a community-based sentence.
- "Bodily harm" has a legal meaning. Under the Criminal Code it is any hurt or injury that interferes with health or comfort and is more than merely transient or trifling. A bruise or a split lip can qualify; whether an injury truly meets the threshold is often contested.[2]
Where "choking, suffocating or strangling" now sits
Since 2019, section 267 expressly captures an assault in which the accused "chokes, suffocates or strangles the complainant," putting that conduct in the same 10-year bracket as assault with a weapon and assault causing bodily harm.[3] This is a relatively recent change that Parliament made because of the recognized danger of strangulation. It comes up frequently in domestic files, and its presence can significantly raise the stakes even where no lasting injury is visible.
Common assault vs. the more serious charges
One of the most consequential features of any assault case is which level the Crown has chosen — and whether that choice actually fits the evidence. The gap between common assault (s. 266) and aggravated assault (s. 268) is enormous: a maximum of five years versus fourteen, a hybrid offence versus a straight indictable one, and very different immigration and sentencing consequences.
The dividing lines turn on facts that are often genuinely arguable. Was there a "weapon" — and does an ordinary object used in the moment count as one? Did the complainant actually suffer "bodily harm," or something transient and trifling that falls below the threshold? Do the injuries rise to the "wounds, maims, disfigures or endangers the life" standard that aggravated assault requires? Police and prosecutors sometimes lay the most serious available charge and let it settle later. A central part of the defence is testing whether the elevated charge is truly supported and, where it is not, arguing the case down to a lesser offence — or defending it outright. If you are facing the most serious allegations, our aggravated assault lawyers and assault with a weapon defence lawyers handle these files specifically, while a straightforward push-and-shove matter is the domain of our simple assault lawyers.
Is the charge more serious than the incident?
The difference between common assault and aggravated assault can change your whole future. Let us review the evidence before you decide anything.
Call 647-588-3234 Book a free consultationSelf-defence: the defence that decides many assault cases
Because assault so often grows out of a mutual confrontation, self-defence is the single most important defence in this area. It is codified in section 34 of the Criminal Code, which was substantially rewritten in 2013 to simplify the old law. A person is not guilty of an offence if three conditions are met: (a) they reasonably believed that force, or a threat of force, was being used against them or another person; (b) they acted for the purpose of defending or protecting themselves or that other person; and (c) the act committed was reasonable in the circumstances.[5]
The heart of the analysis is that third requirement — reasonableness. Section 34(2) directs the court to weigh a list of factors in deciding whether the response was reasonable, including the nature of the force or threat; whether it was imminent and whether other options were available; the person's role in the incident; whether anyone used or threatened a weapon; the relative size, age, gender, and physical capabilities of those involved; any history between the parties; and the proportionality of the response.[5] Crucially, once there is an "air of reality" to a self-defence claim, the accused does not have to prove it — the Crown must disprove at least one of its elements beyond a reasonable doubt. That allocation of the burden is why self-defence resolves so many assault charges, sometimes before trial. Related justifications, such as defence of property and defence of others, are covered on our self-defence claims page.
Consequences of an assault record beyond the sentence
Clients are usually most anxious about jail, but for many assault charges the more realistic and lasting harms lie elsewhere. A criminal record for a violent offence can affect:
- Employment and professional licensing. A record for a crime of violence shows up on background and vulnerable-sector checks and can affect current jobs, future hiring, bonding, security clearances, and regulated professions in healthcare, finance, education, security, and beyond.
- Immigration status. This is critical for non-citizens. Under section 36 of the Immigration and Refugee Protection Act, a permanent resident or foreign national convicted of an offence punishable by a maximum term of at least 10 years — which includes assault causing bodily harm, aggravated assault, and unlawfully causing bodily harm — can be found inadmissible for serious criminality, and so can anyone on whom a sentence of more than six months is imposed. That can mean loss of status with limited or no appeal.[8] If you are not a Canadian citizen, tell your lawyer immediately — avoiding a conviction (or keeping any sentence below the six-month line) may matter far more than the sentence itself.
- Travel, especially to the United States. U.S. border officers treat crimes of violence seriously, and a record can complicate or bar entry to the United States and other countries.
- Firearms and DNA. A conviction for a violent offence can trigger a mandatory or discretionary weapons prohibition, and assault is a secondary designated offence for which a court may order a DNA sample on conviction.[9]
- Family law and reputation. An assault allegation — particularly a domestic one — can spill into parenting and custody disputes, and the stigma of a violence record is real even where the legal exposure is modest.
These downstream effects are exactly why it is worth fighting a charge that looks "minor" on paper. The gap between a withdrawal or discharge and a registered conviction for violence can shape a person's life for years.
Outcomes that avoid a criminal record
People charged with assault often assume a conviction is inevitable. For a first offence involving a minor incident, that is frequently far from the truth. Several off-ramps exist, and identifying the right one early is one of the most valuable things a defence lawyer does.
Withdrawal and diversion
Where the evidence is weak, or where a first-time accused takes responsibility in a minor matter, the Crown may agree to withdraw the charge outright, sometimes after the accused completes a diversion or community-service condition. A withdrawal leaves no conviction and no finding of guilt. In lower-level assault files with a cooperative complainant and no injury, this is a realistic and common goal.
Peace bonds
A peace bond under section 810 of the Criminal Code is an agreement to keep the peace and abide by conditions (often including no-contact terms) for up to twelve months. When a peace bond resolves an assault charge, the charge is typically withdrawn and there is no criminal conviction and no finding of guilt. Peace bonds are a frequent, favourable resolution in assault and domestic files, and our peace bond lawyers and section 810 recognizance lawyers negotiate these regularly.
Absolute and conditional discharges
Even where a matter proceeds to a finding of guilt, a court can grant a discharge under section 730 of the Criminal Code. An absolute discharge means no conviction is registered; a conditional discharge achieves the same result after a period of probation is completed. A discharge is a common and appropriate outcome for a first-time assault, and preserving eligibility for one is often central to the defence. Note one limit that flows from the statute: a discharge is not available for an offence punishable by fourteen years or life, so it cannot be granted for aggravated assault — another reason the charge level matters so much.[10]
The assault court process in Toronto, step by step
Understanding the sequence of an assault case helps you see where a defence can be built. Most files move through the same stages in the Ontario Court of Justice.
1. Arrest, release, and conditions
Many assault charges begin with police attending a call. At the point of arrest or detention, your right to counsel under section 10(b) of the Charter is engaged — you must be advised of your right to a lawyer and given a genuine chance to speak with one. For a straightforward first charge, police often release you on an undertaking with conditions, commonly a no-contact order with the complainant and a term to stay away from a home or workplace. Breaching those conditions is a separate offence, so understanding them precisely is urgent; if you are accused of a breach, see our page on failure to comply.
2. Bail
More serious files — an aggravated assault, a weapon, a prior record, or a domestic allegation — may require a bail hearing, where arriving with a workable release plan and sureties can be decisive. A well-prepared bail hearing often shapes the conditions you will live under for months.
3. Disclosure
Your lawyer obtains disclosure — the Crown's evidence. The constitutional duty to disclose all relevant material flows from the Supreme Court's decision in R. v. Stinchcombe (1991).[11] In an assault case, disclosure typically includes the officers' notes, the complainant's statement, any witness statements, 911 recordings, photographs of injuries, medical records, and any surveillance or cell-phone video. A meticulous review of this material — especially inconsistencies between statements and what any video actually shows — is where most winning defences begin.
4. Crown pre-trial and resolution discussions
Most assault cases involve a Crown pre-trial, where your lawyer tests the strength of the case and explores whether it can be withdrawn, diverted, resolved on a peace bond, or reduced. Given how often self-defence, consent, or a shaky identification undermines the Crown's position, this stage is frequently where a well-prepared assault charge is resolved on favourable terms — long before any trial.
5. Trial
If the case does not resolve, it proceeds to trial. Assault trials often turn on credibility — whose account of a fast, chaotic event the court accepts — and on whether the Crown can disprove self-defence or consent beyond a reasonable doubt. From first appearance to conclusion, a contested assault case commonly takes several months.
How Kazandji Law defends assault charges
Assault cases are won on detail, and the right strategy depends entirely on the disclosure in your specific file. The issues our lawyers most often raise include:
- Self-defence and defence of others. Where you reacted to being attacked or threatened, we build the section 34 analysis around the statutory factors and hold the Crown to its burden of disproving it beyond a reasonable doubt.
- No intent / accident. Assault requires an intentional application of force. Contact that was accidental, reflexive, or incidental is not an assault.
- Consent. Where the contact occurred in a context the law recognizes — consensual physical activity within limits, sport within its rules — consent may be a complete answer, subject to the limits set in Jobidon.
- Identification and credibility. In a chaotic incident with several people, we test whether the Crown can actually prove that you were the aggressor, and we probe inconsistencies between statements, 911 calls, injuries, and any video.
- The "bodily harm" or "weapon" element is not made out. Where the Crown has over-charged, we challenge whether the injury truly meets the bodily-harm threshold or whether an object was really a "weapon," aiming to reduce the charge to common assault.
- Charter breaches. If your right to counsel under section 10(b) was denied, if a statement was taken improperly, or if there was an unlawful search or an arbitrary detention, we bring the appropriate application. Where a breach is established, a court applies the three-part test from R. v. Grant (2009) to decide whether the resulting evidence should be excluded under section 24(2).[13]
- Withdrawal, peace bond, or discharge. Where a trial is not the best route, we work to resolve the file with no conviction — through a withdrawal, a peace bond, or an absolute or conditional discharge.
These are issues that may be available — not guarantees. No responsible lawyer promises a result before reviewing the disclosure. What we promise is a rigorous, honest assessment and a defence built around the specific facts and evidence in your case.
Common myths about assault charges
"No one was hurt, so it isn't really assault." Untrue. Assault does not require injury — even an intentional push, or a threat with the apparent ability to carry it out, can meet the definition in section 265.
"If the other person swung first, I can't be charged." You can be — police often charge both parties or the one who caused the most visible injury. But responding to an attack is exactly where self-defence applies, and the Crown must disprove it beyond a reasonable doubt.
"We both agreed to fight, so there's no crime." Not where real harm resulted. Under Jobidon, you cannot consent to intentionally inflicted serious bodily harm in a fight.
"If the complainant doesn't want to press charges, it gets dropped." Not automatically. In Ontario the Crown, not the complainant, decides whether to proceed — this is especially true in domestic files. A complainant's wishes are relevant but not controlling.
"A first assault charge means a criminal record." Frequently untrue. Withdrawals, peace bonds, and absolute or conditional discharges all leave no conviction, and many first offences are resolved with no record at all.
"If I just explain what happened, they'll let me go." Explaining rarely helps and often supplies evidence the Crown was missing. You have the right to silence — use it, and speak to a lawyer first.
What to do if you have been charged with assault
- Say as little as possible. Be polite, provide identification if required, but exercise your right to remain silent. Do not try to talk your way out of it or explain "your side" to the police.
- Exercise your right to counsel. Ask to speak with a lawyer as soon as you are detained or arrested.
- Obey your release conditions exactly. If there is a no-contact order, do not call, text, message, or approach the complainant — not even through a friend. A breach is a new charge.
- Write down everything you remember while it is fresh — what led up to it, who struck first, what was said, who was present, and the timeline.
- Preserve helpful evidence. Save any messages, photos of your own injuries, and the names of witnesses. Note any cameras that may have captured the incident. Do not delete anything.
- Do not post about the case online and do not discuss the details in writing with friends.
- If you are not a Canadian citizen, tell your lawyer immediately — it can change the entire strategy.
Why choose Kazandji Law for your assault defence
Kazandji Law is a Toronto criminal and family law firm built on a proactive, no-nonsense approach with a genuine personal touch. Assault cases reward preparation — the close reading of statements and video, a working command of the self-defence framework in section 34 and the consent limits in Jobidon, and the judgment to know when to push a case to trial and when to steer it toward a withdrawal, a peace bond, or a discharge. Our team brings that preparation to every file, whether it is a first-time common assault or a serious allegation the Crown is treating as aggravated.
We appear in the Ontario Court of Justice and Superior Court locations across the Greater Toronto Area — including the criminal court at 10 Armoury Street in downtown Toronto — and we defend assault charges wherever they arise: downtown Toronto, North York, Scarborough, Etobicoke, Vaughan, Markham, Richmond Hill, Oakville, Brampton, Hamilton, Newmarket, and beyond. Our Toronto office is located at 180 John St., Unit 320. You can meet our team, review our case results, and explore our full range of assault defence services — from domestic assault and sexual assault to uttering threats and criminal harassment.
Frequently asked questions
Is assault a criminal offence in Canada even if no one was injured?
Yes. Under section 265 of the Criminal Code, intentionally applying force to another person without their consent is an assault regardless of injury, and so is threatening force by an act or gesture when you have, or appear to have, the present ability to carry it out. A push, a grab, or a raised fist can meet the definition. Whether the Crown can prove it beyond a reasonable doubt — and whether a defence such as self-defence applies — is a separate question.
What is the difference between assault, assault causing bodily harm, and aggravated assault?
Common assault (s. 266) involves applying or threatening force without a weapon or significant injury and carries up to five years by indictment. Assault causing bodily harm or with a weapon (s. 267) involves a weapon, bodily harm, or choking/strangling and carries up to ten years. Aggravated assault (s. 268) involves wounding, maiming, disfiguring, or endangering life and carries up to fourteen years. The higher the level, the more serious the consequences — which is why challenging an over-charged case is often central to the defence.
What is the maximum penalty for assault in Ontario?
It depends on the level. By indictment, common assault carries up to 5 years, assault with a weapon or causing bodily harm up to 10 years, unlawfully causing bodily harm up to 10 years, and aggravated assault up to 14 years. Where a hybrid offence proceeds summarily, the maximum is a fine up to $5,000 and/or up to two years less a day. These are ceilings for the most serious cases; a first-time common assault is rarely sentenced anywhere near them.
Can I be charged with assault if I was defending myself?
Yes — police frequently charge the person who caused the most visible injury, even if that person was defending themselves. But self-defence under section 34 of the Criminal Code is a complete defence where you reasonably believed force or a threat of force was being used, you acted to protect yourself or another person, and your response was reasonable in the circumstances. Once there is an air of reality to the claim, the Crown must disprove it beyond a reasonable doubt.
Will the charge be dropped if the complainant doesn't want to proceed?
Not automatically. In Ontario the Crown decides whether to prosecute, not the complainant, and this is especially true in domestic assault cases. A complainant's wishes are one factor the Crown may consider, but the decision rests with the prosecution based on the evidence and the public interest.
Can two people legally consent to a fight?
Only up to a point. Consent can be a defence to minor contact and to physical activity within recognized limits, but under the Supreme Court's decision in R. v. Jobidon you cannot consent to force that is intended to cause, or does cause, serious or non-trivial bodily harm. So two people who "agreed" to fight cannot rely on that agreement if real injuries resulted.
Is choking or strangulation treated more seriously than other assaults?
Yes. Since 2019, section 267 of the Criminal Code expressly includes an assault in which the accused chokes, suffocates, or strangles the complainant, placing that conduct in the same ten-year bracket as assault with a weapon and assault causing bodily harm. It arises often in domestic files and can raise the stakes even without a visible lasting injury.
Will a first assault charge give me a criminal record?
Not necessarily. A charge can be withdrawn, resolved with a peace bond, or diverted, and a court can grant an absolute or conditional discharge under section 730 of the Criminal Code — meaning no conviction is registered. Many first-time assault charges are resolved without a criminal record. Note that a discharge is not available for aggravated assault, because of its fourteen-year maximum.
What is a peace bond, and does it give me a record?
A peace bond under section 810 of the Criminal Code is a court order to keep the peace and follow conditions, often no-contact terms, for up to twelve months. When a peace bond resolves an assault charge, the charge is usually withdrawn, so there is no criminal conviction and no finding of guilt. It is a common and favourable outcome in assault and domestic matters.
How does an assault conviction affect immigration or travel?
It can have serious consequences. Under section 36 of the Immigration and Refugee Protection Act, a conviction for an offence punishable by a maximum of at least 10 years — which includes assault causing bodily harm, aggravated assault, and unlawfully causing bodily harm — can make a permanent resident or foreign national inadmissible for serious criminality, as can any sentence of more than six months. A record can also complicate entry to the United States. If you are not a citizen, raise this with your lawyer at the very start, because avoiding a conviction may matter more than the sentence.
Should I explain my side to the police?
No. You have the right to remain silent, and statements to police are frequently the strongest evidence the Crown ends up using. Politely decline to give a statement, ask to speak with a lawyer, and let your lawyer deal with the Crown. Explaining "what really happened" in the moment rarely helps and often hurts.
How much does an assault lawyer cost?
Fees depend on the complexity of the case and whether it resolves early — through a withdrawal, peace bond, or diversion — or proceeds to a contested trial. Kazandji Law offers a free initial consultation and will give you a clear picture of the process and the likely cost before you decide anything.
Related pages
- All assault offences
- Simple assault
- Aggravated assault
- Assault with a weapon
- Domestic assault
- Sexual assault
- Self-defence claims
- Uttering threats
- Criminal harassment
- Weapons offences
- Peace bonds
- Section 810 recognizance
- Bail hearings
- Failure to comply
- Criminal appeals
- Record suspensions (pardons)
- Criminal defence overview
- Toronto criminal defence
- Meet our team
- Our case results
Sources & legal references
- Criminal Code of Canada (R.S.C. 1985, c. C-46), s. 265 (definition of assault; application to all forms; consent; belief in consent): laws-lois.justice.gc.ca/eng/acts/C-46/section-265.html.
- Criminal Code of Canada, s. 2 (definition of "bodily harm" — hurt or injury that interferes with health or comfort and is more than transient or trifling): laws-lois.justice.gc.ca/eng/acts/c-46/section-2.html.
- Criminal Code of Canada, s. 267 (assault with a weapon or causing bodily harm; includes choking, suffocating or strangling; up to 10 years by indictment): laws-lois.justice.gc.ca/eng/acts/C-46/section-267.html.
- Criminal Code of Canada, s. 266 (assault; up to 5 years by indictment or summary conviction) and s. 268 (aggravated assault; up to 14 years) and s. 269 (unlawfully causing bodily harm; up to 10 years): laws-lois.justice.gc.ca/eng/acts/c-46/section-266.html; /section-268.html; /section-269.html.
- Criminal Code of Canada, s. 34 (defence of the person — use or threat of force; reasonableness factors), as amended by S.C. 2012, c. 9 (in force 2013): laws-lois.justice.gc.ca/eng/acts/C-46/section-34.html.
- R. v. Jobidon, 1991 CanLII 77 (SCC), [1991] 2 S.C.R. 714 (consent vitiated where adults intentionally cause serious or non-trivial bodily harm in a fight): canlii.org/en/ca/scc/doc/1991/1991canlii77.
- Bill C-75 (An Act to amend the Criminal Code and other Acts), S.C. 2019, c. 25, amending Criminal Code s. 787 (default summary-conviction maximum raised to two years less a day and $5,000; in force September 19, 2019): laws-lois.justice.gc.ca/eng/acts/c-46/section-787.html.
- Immigration and Refugee Protection Act (S.C. 2001, c. 27), s. 36 (serious criminality and criminality — inadmissibility for conviction of an offence punishable by a maximum term of at least 10 years, or where a term of more than six months is imposed): laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html.
- Criminal Code of Canada, ss. 487.04–487.051 (DNA orders; assault is a secondary designated offence) and s. 109/110 (weapons prohibition orders): laws-lois.justice.gc.ca/eng/acts/c-46.
- Criminal Code of Canada, s. 730 (absolute and conditional discharges; not available for an offence punishable by 14 years or life): laws-lois.justice.gc.ca/eng/acts/c-46/section-730.html.
- R. v. Stinchcombe, 1991 CanLII 45 (SCC) (Crown's duty of disclosure): canlii.org/en/ca/scc/doc/1991/1991canlii45.
- Criminal Code of Canada, s. 810 (recognizance / peace bond to keep the peace): laws-lois.justice.gc.ca/eng/acts/c-46/section-810.html.
- R. v. Grant, 2009 SCC 32 (three-part test for exclusion of evidence under Charter s. 24(2)): canlii.org/en/ca/scc/doc/2009/2009scc32.
Disclaimer: This page provides general legal information about Canadian and Ontario assault law and is not legal advice. Laws, penalties, and prosecutorial policies change, and how they apply depends on the specific facts of your case. For advice about your situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship until a retainer is signed.