Criminal Code of Canada Assault Provisions
265. (1) A person commits an assault when
o (a) without the consent of another person, he applies force intentionally to that other person,
directly or indirectly;
o (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has,
or causes that other person to believe on reasonable grounds that he has, present ability to
effect his purpose; or
o (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes
another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a
weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
(3) For the purposes of this section, no consent is obtained where the complainant submits or
does not resist by reason of
o (a) the application of force to the complainant or to a person other than the complainant;
o (b) threats or fear of the application of force to the complainant or to a person other than the
o (c) fraud; or
o (d) the exercise of authority.
(4) Where an accused alleges that he believed that the complainant consented to the conduct
that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and
that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when
reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to
consider the presence or absence of reasonable grounds for that belief.
266. 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.
Assault with a weapon or causing bodily harm
267. 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.
268. (1) Every one commits an aggravated assault who wounds, maims