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Assault Causing Bodily Harm Laws in Canada

Part VIII of the Criminal Code / Against the Person and Reputation

Serious Injury to an Individual Impacting Well-being

If you have been charged with a crime in Ottawa, you should consult with a criminal defence lawyer in your area

Insights from Ottawa Lawyer, Céline Dostaler

Strategies To Defend An Assault Charge

There are many valid defences that can be used when someone is charged with assault. Before any conviction can occur, the Crown must prove the charge. The Crown must prove that force was applied without consent, and they must show the consequences of the force. If there was no force or real threat of force, then there can be no assault.

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Assault Causing Bodily Harm in Ottawa, Ontario - Glossary of Terms

Glossary of Legal Terms

Crown prosecutor

Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.

Indictable offence

Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.

Mens rea

Mens rea refers to having criminal intent, knowledge, or recklessness since the person is aware of their misconduct. The literal translation from Latin is "guilty mind." The Crown needs to show that the accused had mens rea to win a conviction. 

Reasonable doubt

The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."

Summary conviction

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Assault Causing Bodily Harm in Ottawa, Ontario - Tagged With:
Code Citations: s.265 , s.267
Assault Causing Bodily Harm in Ottawa, Ontario - Referenced Links