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Assault and Spousal Assault
Assault in Canada is defined as the intentional application of force to another person, without their consent. This can include a gesture. If done in self-defence the act is not an offence, provided the degree of force used is not unreasonable. This means that even a push or a shove can be an assault under the Criminal Code. Assault causing bodily harm and assault with a weapon are much more serious.
A lawyer for someone charged with a minor assault may want to explore the possibility of a common law or s. 810 peace bond. A peace bond does not result in a criminal record or a finding of guilt or conviction unless you breach the peace bond.
Domestic violence is entirely unacceptable in Canada. A person who has allegedly assaulted his or her spouse can expect to be arrested, held overnight in jail, and brought to court the following working day in custody for a bail hearing. The person will find it difficult to obtain release. He or she will need to provide a stable alternative address, arrange for a relative (other than the spouse) or friend to be a surety, and undertake to obey certain rigorous conditions including non?association with the spouse and non?attendance at his or her former home. Relatives should immediately get themselves both a criminal and family law lawyer. The spouse who is the alleged victim should also immediately obtain counsel.
If both spouses are charged they may each need to find alternate accommodation, surety, and counsel. Sometimes the spouse who phones the police ends up being charged themselves, for present or past events. Before you call 911 please remember that you may also be charged and your 911 conversation will be recorded and perhaps later used against you in court.
The police will often request that the alleged victim give them a video-taped statement under oath in the hours just after the incident. If the victim later changes his or her story, the video will be used as part of the Crown's case. The victim is under no obligation to give such a statement and, in fact, it would be best for him or her to get legal advice before doing so. If you are a victim, do not be afraid to ask to call a lawyer before giving any statement to the police. If police talk about you giving a "KGB statement", ask for independent legal advice, just like the witnesses received in the case of R. v. K.G.B..
Once you report something to the police you cannot withdraw it later. Nor can the victim withdraw or refuse to "press charges". The police and Crown Attorney make those decisions. It is often a good idea to attend at a doctor's office or emergency clinic immediately following the incident so that your injuries (alleged perpetrator or victim) can be documented. Photographs of injuries may also be helpful.
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