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Assault

ASSAULT – CRIMINAL CODE

Assault
  1. Every one who commits an assault is guilty of
  • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
  • (b) an offence punishable on summary conviction.
  • R.S., c. C-34, s. 245;
  • 1972, c. 13, s. 21;
  • 1974-75-76, c. 93, s. 22;
  • 1980-81-82-83, c. 125, s. 19.
Assault with a weapon or causing bodily harm
  1. Every one who, in committing an assault,
  • (a) carries, uses or threatens to use a weapon or an imitation thereof, or
  • (b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 267;
  • 1994, c. 44, s. 17.
Aggravated assault
  • (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.
·       Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

·       Excision

(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

  • (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or
  • (b) the person is at least eighteen years of age and there is no resulting bodily harm.
·       Consent

(4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

  • R.S., 1985, c. C-46, s. 268;
  • 1997, c. 16, s. 5.
Unlawfully causing bodily harm
  1. Every one who unlawfully causes bodily harm to any person is guilty of
  • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
  • R.S., 1985, c. C-46, s. 269;
  • 1994, c. 44, s. 18.
Aggravating circumstance — assault against a public transit operator
  • 01(1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty.

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