Assault cases in Ontario can occur in circumstances that are not immediately recognized as criminal behavior. An argument between colleagues, a conflict outside a restaurant, or an altercation at a sporting event can become the basis for a police investigation.
According to Section 265 of the Canadian Criminal Code, assault could be the application of force without consent intentionally. Some attempts or threats with the apparent ability to apply force could also be classified as assault. Injury is not required.
But just because someone is charged with assault does not automatically mean guilt. Police have to have reason to charge an individual, and the Crown has to prove beyond a reasonable doubt that the crime occurred.
The legal consequences also depend on the nature of the alleged offence. Understanding the differences between simple, domestic, and aggravated assault charges can provide useful context.
How Does an Assault Complaint Become a Criminal Charge in Ontario?
The investigation into the case of an assault is not always started at the stage of making an arrest. An incident may be reported days after its occurrence. Additionally, police officers may get involved based on the information provided by any third person such as a witness, employer, or security officer.
Making a complaint does not necessarily result in charges. Nonetheless, police officers do not have to wait for the consent of the complainant to act further on a case.
Can both people be charged after the same fight?
Yes. The police can charge several persons who are involved in a physical fight with the crime of assault, provided there is sufficient evidence to justify different crimes.
Take the case of a fight that breaks out into a physical fight. In the fight, one person throws a punch, and another one hits back. The investigators should look at what both parties did, and not just assume that one person was the aggressor while the other was the victim.
The use of force by both parties does not necessarily mean that both committed the crime of assault.
What if witnesses disagree about what happened?
Inconsistencies are frequent in situations that develop rapidly.
Individuals could have been viewing the event from different perspectives, not having witnessed the whole confrontation or having a different interpretation of the events.
Charges can still be laid even with these inconsistencies. It will depend on whether the evidence proves their guilt in the criminal court.
As per Section 21 of the Criminal Code, a person who assists or encourages another to commit an offence shall be guilty as a party to the offence. Being in the vicinity of the crime scene alone does not make a person criminally responsible.
If an allegation has already resulted in criminal proceedings, understanding what happens when facing assault charges can help clarify the next stages of the case.
When Can Everyday Conflicts Lead to Assault Charges?
Criminal assault cases in Ontario do not necessarily have to involve any stranger or family member. There can be criminal accusations when it comes to professional, recreation, and other places where physical contact may not have been expected or consented to.
It all depends on the situation that surrounds this particular case.
Workplace Disputes and Physical Confrontations
A dispute in the workplace may become a criminal case if an employee is accused of pushing, hitting, grabbing, or making any kind of threat towards another employee.
For instance, an employee may try to force another colleague to leave the office while having an argument. It would be considered criminal assault depending on the kind of actions, intentions, and consent.
The Occupational Health and Safety Act of Ontario also covers issues of violence in the workplace, which includes physical force or threats that may result in injuries.
Hence, there can still be workplace safety obligations even if no criminal charges are laid by the police.
A workplace incident may result in two separate processes:
- Criminal investigation: Police examine whether there are grounds to believe an offence occurred.
- Workplace investigation: The employer examines potential misconduct, workplace safety concerns, and possible disciplinary action.
Does intoxication excuse assault?
Intoxication is not always a good excuse for violence. The Canadian Criminal Code imposes many limitations on the use of voluntary intoxication as a defense, and the rules will vary depending on the offense and its specifics.
Intoxication may be helpful in explaining how things got out of hand, but it will not always serve as a good excuse.
Those who get into a fight in public must know that a little injury will not make a difference when it comes to pressing charges.
Physical Contact during Sporting Activities
Hockey, football, rugby, and martial arts are sports that require physical contact, which players are expected to accept as part of the sport.
Agreement to engage in the game is not acceptance of all forms of violence.
The courts will look at the rules of the sport, playing practices, type of contact, force used, and possibility of injury.
For instance, a normal body check on the hockey ice is quite different from hitting the opponent using a hockey stick when play has ceased.
In the Canadian case R. v. Cey, the court deliberated on the limits of consent to physical contact in a game of hockey. The case is an illustration of why participation in a sport cannot be unlimited consent to risky behavior.
Violation of sporting rules does not necessarily amount to criminal assault. Neither does occurrence of an incident in an organized game.
Where serious injuries occur, the nature of the allegation may also change. This explanation of simple versus aggravated assault discusses how those offences differ.
What Happens if an Assault Charge Does Not Result in a Conviction?
There is a difference between being charged with a crime and being convicted of that crime. But an acquittal or withdrawal doesn’t necessarily mean that all records of the alleged crime are erased. Police forces might keep details about arrests, investigations, fingerprinting, and photographs.
Can a withdrawn assault charge appear on a background check?
There are guidelines in Ontario about the type of information that may be disclosed in various police record checks.
The usual criminal record check usually involves information about criminal convictions and some other disclosable information.
Criminal record and judicial matters check can disclose more information, such as outstanding charges and court orders.
Vulnerable sector check has wider guidelines about the type of information that may be disclosed, but non-conviction information has stringent guidelines.
According to the Police Record Checks Reform Act in Ontario, non-conviction information may be disclosed exceptionally in a vulnerable sector check if the statutory requirements are met.
Thus, if the assault charge against a person was withdrawn, he/she cannot assume that it will show up in an employment background check.
Can you request the destruction of fingerprints after an assault charge is withdrawn?
In some circumstances, yes.
There are processes in place for destroying fingerprints and photographs taken in relation to criminal charges that were never convictions.
For instance, Peel Regional Police allows eligible persons to apply for destruction after certain waiting periods.
For some charges that were withdrawn or dismissed, eligible persons may apply 60 days after the last day in court. Other circumstances have their own conditions, and applications may be denied.
Approval is not guaranteed.
Destruction of fingerprints and photographs does not always mean destruction of the police occurrence report or other investigatory documents.
Anyone wishing to apply for destruction should contact the police service responsible for the original records.
Can someone still sue after an assault charge is dismissed?
Potentially, yes.
Criminal cases and civil cases run on separate tracks.
In a criminal case, the Crown must prove that the accused is guilty beyond a reasonable doubt. In a civil case, the lower burden of proof called “balance of probabilities” is used.
Thus, a person can file a civil case based on the allegation of assault without having secured a conviction in the criminal case.
A civil case may be filed to obtain compensation for physical injuries, loss of earnings, or any other losses.
Getting Legal Advice about Assault Charges in Ontario
An assault charge may present more than just criminal law issues, especially if there is concern for work-related implications, youth justice considerations, old charges, or police background. Discussing the matter with a criminal lawyer can provide valuable insight into the applicable laws as well as specific decision making.
Everstone Law represents individuals facing criminal charges in Ontario. Criminal defence lawyer Inder Padda can review the circumstances of an assault allegation, explain the available legal options, and provide advice on the next steps.