Success story: R. v. H.Y. — Ontario Court of Justice, Toronto | Criminal defence lawyer: Jake Shen
A parent with no criminal record was charged with assault with a weapon and assault causing bodily harm under section 267 of the Criminal Code of Canada after a child in the home reported being struck. The Crown was seeking a jail sentence after trial. Represented by Toronto criminal defence lawyer Jake Shen, the client never went to trial: after a Crown pretrial and the client’s early, voluntary counselling, the Crown withdrew all charges in the Ontario Court of Justice in Toronto.
At a Glance
| Court | Ontario Court of Justice, Toronto, Ontario |
|---|---|
| Charges | Assault with a weapon, Criminal Code s. 267(a); Assault causing bodily harm, Criminal Code s. 267(b) |
| Crown’s position | Proceeding summarily; seeking custody (jail) after trial; also seeking a DNA order (s. 487.051), a weapons prohibition (s. 109) and a non-communication order (s. 743.21) |
| Key defence steps | Crown pretrial advocacy; early, voluntary counselling by the client |
| Result | All charges withdrawn — no trial, no finding of guilt, no criminal record from these charges |
| Defence counsel | Jake Shen, criminal defence lawyer, Toronto |
The Allegations
Police alleged that on two occasions at the family home, our client lost patience with a child during a stressful moment. On the first occasion, the client allegedly struck the child with an ordinary household object. On the second, the client allegedly slapped the child, leaving visible marks that police photographed.
The concerns were reported to the authorities, and police and child-protection workers became involved. Our client was arrested and released on an undertaking with strict conditions, including no contact with the child. For a parent, that condition alone meant being separated from their own family while the case was pending.
Because an everyday object was said to have been used, the Crown charged assault with a weapon. Under section 2 of the Criminal Code, a “weapon” includes anything used or intended to be used to cause injury — it does not have to be a knife or a gun.
What Was at Stake
These were serious charges with serious consequences:
- Jail. The Crown’s written position was that it would seek custody if the client was convicted after trial. When the Crown proceeds summarily, section 267 carries a maximum of two years less a day in jail; by indictment, the maximum is 10 years.
- Harsher sentencing rules for offences involving children. Section 718.01 of the Criminal Code requires judges to give primary consideration to denunciation and deterrence when an offence involves abuse of a person under 18, and section 718.2(a)(ii.1) makes the abuse of a person under 18 an aggravating factor.
- Additional court orders. The Crown was also seeking a DNA order (s. 487.051), a weapons prohibition order (s. 109) and a non-communication order (s. 743.21).
- A criminal record, with consequences for employment, volunteering with children, travel and, for people who are not Canadian citizens, possible immigration consequences.
- Family separation. Release conditions and child-protection involvement can keep a parent away from the home for months.
How Jake Shen Defended the Case
1. Early advice and a plan from day one
The client contacted Jake Shen before turning themselves in to police, so they received legal advice before the arrest and knew their rights, including the right to remain silent. From the start, the goal was clear: to resolve the case without a criminal record and help the family move forward.
2. Proactive counselling
On Jake Shen’s advice, the client voluntarily enrolled in and completed counselling well before any court date required it. This was not an admission of guilt. It showed the Crown, in concrete and documented terms, that the client was taking the concerns seriously and actively addressing them. Proof of completion became a key part of the defence package.
3. Persuasive advocacy at the Crown pretrial
In Toronto, a Crown pretrial is a meeting between defence counsel and the assigned Crown prosecutor to discuss the case. After reviewing the Crown’s disclosure, Jake Shen used the pretrial to present the full picture the police synopsis did not show: the client’s lack of any criminal record, their background and family circumstances, the counselling they had completed, and why, in light of these circumstances, a withdrawal was an appropriate outcome.
The Result: All Charges Withdrawn
After considering the defence submissions, the Crown withdrew both charges in the Ontario Court of Justice in Toronto. There was no trial, no guilty plea, no conviction and no finding of guilt. None of the jail sentence or ancillary orders the Crown had sought were imposed, and the client left the case without a criminal record for these charges.
Understanding the Law: Can Parents Be Charged for Disciplining a Child in Canada?
Yes. Section 43 of the Criminal Code allows a parent to use reasonable force “by way of correction” only in very narrow circumstances. In Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004 SCC 4, the Supreme Court of Canada limited that defence: the force must be minor and transitory, may be used only on children aged roughly 2 to 12, and may not involve objects or blows or slaps to the head. Any force outside those limits can lead to charges under sections 265 to 268 of the Criminal Code.
Many parents — including newcomers raised with different norms about discipline — are surprised to learn where the line is. If you are under investigation, getting legal advice early can change the outcome.
Frequently Asked Questions
What does it mean when charges are withdrawn in Ontario?
It means the Crown has decided not to continue the prosecution. The case ends without a trial and without a finding of guilt, so no criminal record results from those charges.
Will the arrest still show up anywhere?
Police may keep records such as fingerprints and photographs. After charges are withdrawn, you may be eligible to ask the police service to destroy them. A lawyer can advise you on the process.
What is the difference between section 267(a) and 267(b)?
Section 267(a) covers assault while carrying, using or threatening to use a weapon (including an everyday object). Section 267(b) covers assault that causes bodily harm — any hurt or injury that is more than brief and trifling.
What is a Crown pretrial?
A Crown pretrial is a meeting between the defence lawyer and the prosecutor to discuss the evidence, the Crown’s position and possible resolutions. It is often the best opportunity to persuade the Crown to withdraw or reduce charges.
Should I talk to police if I am being investigated?
You have the right to remain silent and the right to speak to a lawyer (Charter, s. 10(b)). Call a criminal defence lawyer before giving any statement.
Does it help to take counselling before my court date?
Often, yes — when it is done on legal advice and properly documented. Whether it is appropriate depends on your case, so speak with a lawyer first.
Facing Assault or Family-Related Charges in Toronto or the GTA?
Every case is different, and the right strategy depends on the evidence and your circumstances. Jake Shen is a Toronto criminal defence lawyer who represents clients charged with assault, assault with a weapon, assault causing bodily harm and other criminal offences in courts across the Greater Toronto Area. Call 647-390-1131 or visit www.11D.ca to book a confidential consultation.
Disclaimer
This article is for general information only and is not legal advice. Reading it does not create a lawyer-client relationship. Results depend on the facts and circumstances of each case; past results do not guarantee or predict a similar outcome in any other matter. The case name uses fictional initials, and identifying details have been changed or omitted to protect the privacy of the client and others involved. Jake Shen is licensed by the Law Society of Ontario and does not claim to be a certified specialist.
Areas Served
The Greater Toronto Area (GTA), including Toronto, North York, Scarborough, Etobicoke, Markham, Richmond Hill, Vaughan, Mississauga and Brampton.
Contact Jake Shen
Jake Shen, Criminal Defence Lawyer
Phone: 647-390-1131
Website: www.11D.ca