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What Happens if You Physically Assault Someone in Canada?

  • Writer: Sara Santos-Vigneault
    Sara Santos-Vigneault
  • Aug 25
  • 4 min read

Updated: Sep 1

Written by: Sara Santos-Vigneault

Date: August 25, 2025



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Image by inna mykytas from Pixabay



A bar fight, an argument outside a nightclub, or a confrontation in a parking lot may escalate quickly. If someone throws a punch, pushes another person, or uses a weapon, the law treats it as assault.


In Canadian law, assault is not limited to serious injury. Even the slightest intentional and unwanted physical contact may be considered a criminal offence. The legal consequences can be significant whether the incident happens in a bar, on the street, or in a parking lot.



What Is Assault in Canadian Law?


The Criminal Code of Canada defines assault in section 265. A person commits an assault when, without the consent of another person, they:


  1. Intentionally apply force directly or indirectly.

  2. Attempt or threaten to apply force and appear to have the ability to carry it out.

  3. Openly wear or carry a weapon in a threatening manner.




Key Points


  • Physical contact is not always required. Raising a fist, swinging and missing, or threatening to strike someone may be enough if the other person reasonably believes force will be applied.

  • Consent is essential. Contact during a consensual hockey game is not the same as shoving someone in anger. If the other person did not agree to the contact, the act may be assault.

  • Weapons change the situation. A bottle, pool cue, or vehicle may be treated as a weapon if used to intimidate or cause harm.


In simple terms, assault is the application of force without consent or the creation of a reasonable fear that force will be applied.



Types of Assault Charges


The Criminal Code outlines several types of assault charges depending on severity:


  1. Simple Assault (section 266)

    Involves intentional and unwanted physical contact or threats.Example: pushing someone during an argument in a parking lot.


    Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-266.html


  2. Assault with a Weapon or Assault Causing Bodily Harm (section 267) Involves the use of a weapon or results in injuries that are more than minor, such as broken bones or deep cuts.Example: striking someone with a beer bottle in a bar.


    Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-267.html


  3. Aggravated Assault (section 268)

    The most serious form of assault. It involves wounding, maiming, disfiguring, or endangering life. Example: stabbing someone during a fight in a parking lot.


    Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-268.html



What Happens After an Assault?


Police Response and Arrest

When police are called, they investigate the incident. Officers may gather statements, review video evidence, and assess injuries. If they have reasonable grounds to believe that an assault occurred, they may arrest the suspect.


Ontario Police Services information: https://www.ontario.ca/page/police


Charges Are Laid

Charges are laid under the Criminal Code of Canada. The Crown prosecutor determines how to proceed based on the facts.



Bail and Release Conditions

After arrest, the accused may be released with conditions, sometimes called undertakings or recognizances. Common conditions include no contact with the victim, staying away from specific locations, and avoiding alcohol or drugs.




Court Appearances and Trial

The accused must attend court appearances. Failure to appear can result in additional charges. If the matter goes to trial, the prosecution must prove beyond a reasonable doubt that an assault occurred. The victim may be called as a witness and, in certain situations, may testify by video or behind a screen for safety reasons.


Sentencing if Convicted

If found guilty, sentencing depends on the type of assault and the circumstances. Possible penalties include:


  • Discharge, either absolute or conditional

  • Fine

  • Probation

  • Imprisonment


For example, simple assault can lead to imprisonment for up to five years if prosecuted as an indictable offence, or up to two years less a day if treated as a summary conviction.



Criminal Record

A conviction results in a criminal record, which may affect employment, immigration status, and international travel. The Parole Board of Canada provides information on record suspensions: https://www.canada.ca/en/parole-board/services/record-suspensions.html


Civil Lawsuits

Victims may pursue compensation through civil court. Possible damages include medical costs, lost wages, and pain and suffering.


In Ontario, claims up to $35,000 may be filed in Small Claims Court. This limit will rise to $50,000 on October 1, 2025. Larger claims must go to the Superior Court of Justice.


Victim Services

Victims of assault may access provincial support services. Ontario Victim Services provides safety planning, referrals, and emotional support:


Financial assistance may be available under the Victim Quick Response Program (VQRP+): https://www.cleo.on.ca/en/publications/the-victim-quick-response-program


Self-Defence

Not all use of force is criminal. Section 34 of the Criminal Code permits self-defence if a person reasonably believes they are being attacked or threatened and uses force that is necessary and proportionate.




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Photo by Lacie Cueto on Unsplash



Consequences Beyond the Courtroom


Being charged with assault may have lasting effects. Employment opportunities may be limited due to background checks. Non-citizens may face immigration consequences, and international travel may be restricted. The United States, for example, frequently denies entry to people with assault convictions.


Key Takeaways:


Assault is defined broadly in Canadian law. It includes unwanted force, threats of force, and the use of weapons to intimidate.


Context does not remove liability. Whether an incident occurs in a bar or a parking lot, the same laws apply.


Criminal penalties range from fines and probation to years of imprisonment.

Convictions result in criminal records that can affect employment, immigration, and travel.


Victims may seek civil damages in addition to criminal prosecution.

Self-defence is recognized but is limited to reasonable and proportionate force.






Sources


  1. Criminal Code of Canada, section 265 – Definition of Assault: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-265.html

  2. Criminal Code of Canada, section 266 – Assault: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-266.html

  3. Criminal Code of Canada, section 267 – Assault with a Weapon or Assault Causing Bodily Harm: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-267.html

  4. Criminal Code of Canada, section 268 – Aggravated Assault: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-268.html

  5. Criminal Code of Canada, section 34 – Self-defence: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-34.html

  6. Government of Canada – Record Suspensions: https://www.canada.ca/en/parole-board/services/record-suspensions.html

  7. Ontario Courts – Small Claims Court: https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/

  8. Government of Ontario – Police Services: https://www.ontario.ca/page/police

  9. Department of Justice Canada – Bail: https://www.justice.gc.ca/eng/cj-jp/accused-accuse/bail-caution.html

  10. Department of Justice Canada – Victims in Court: https://www.justice.gc.ca/eng/cj-jp/victims-victimes/court-tribunal.html

  11. Ontario Victim Services: https://www.ontario.ca/page/victim-services

  12. Victim Quick Response Program (VQRP+): https://ovss.reseauontario.ca/vqrp

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