Understanding Simple Assault in Canada

Introduction

Simple assault is one of the most common criminal charges in Canada. It is governed by Section 266 of the Criminal Code of Canada and involves the intentional application of force, or the threat of force, without the other person’s consent. While considered less severe than other assault-related offences, a conviction for simple assault can still have serious consequences. At Guruveer Sangha Law, we provide skilled legal representation to protect your rights and achieve the best possible outcome.

What Is Simple Assault?

Under Section 266 of the Criminal Code, simple assault occurs when an individual:

• Intentionally applies force to another person without their consent.
• Attempts or threatens to apply force, causing the victim to believe they are at risk of harm.

Simple assault does not require physical harm to occur; the act or threat alone can be enough to result in a charge.

Examples include:

• Pushing or shoving someone in an argument.
• Raising a fist or making a threatening gesture.
• Throwing an object at someone but missing.

Penalties for Simple Assault

For detailed information about sentencing, refer to our Penalties and Sentencing in Canada page.

Simple assault is classified as a hybrid offence, meaning it can be prosecuted as either an indictable offence or a summary offence. The penalties vary depending on the mode of prosecution:

• Indictable Offence: Up to 5 years of imprisonment.
• Summary Offence: Up to 6 months of imprisonment and/or fines.

Factors influencing sentencing include:

• The circumstances of the offence.
• The presence of aggravating or mitigating factors.
• The accused’s prior criminal record.

Defences for Simple Assault

Several defences may apply to a charge of simple assault, including:

1. Self-Defence: The accused acted to protect themselves or another person under Section 34 of the Criminal Code.
2. Consent: The victim consented to the act (e.g., in sports or other consensual activities).
3. Lack of Intent: The accused did not intend to apply force or cause the victim to fear harm.
4. Mistaken Identity: The accused was not the individual who committed the act.
5. Charter Violations: Any breaches of the accused’s Charter rights during the investigation may lead to evidence being excluded or the charges dismissed.