In Canada police cannot generally enter a person’s home without prior judicial authorization (a warrant) except under very limited circumstances. Further, a person can use a reasonable amount of physical force to remove a police officer who is trespassing on their private property. “Sanctity of the Home” Doctrine To determine whether or not the officer was entitled to enter the […]

A domestic assault is as an assault that takes place between “intimate partners” who are either current or former spouses, common-law partners or dating partners. Where an assault takes place between two people who share one of these relationships mentioned above, the mater is labeled “domestic” and prosecuted quite differently by Crown counsel than other types of assault charges. Although the Criminal Code doesn’t contain […]

Section 43 of the Criminal Code of Canada, enacted in 1892, provides parents, teachers and caregivers — including babysitters and foster parents — a defence to an assault charge when they use corporal punishment as “reasonable force” to discipline children.   Section 43 contemplates four elements which must be present if the disciplining is to be justified: (a) a certain relation between […]

Uttering threats is a serious criminal offence and can potentially attract imprisonment upon conviction. The legal definition of uttering threat is delineated below: What is the definition of a threat? The definition of uttering threats is given in section 264.1 of the Criminal Code. Anyone can be charged with uttering a threat if they utter, convey or cause any person […]

What is Sexual Assault? Section 271 of the Criminal Code defines the punishment when one accused person is found guilty and convicted of a sexual assault: Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the […]

What is an assault? The definition of assault is given in the Criminal Code at section 265. An assault occurs when a person intentionally applies direct or indirect force to another person without the other person’s consent. An assault can also occur where no force was used, but a person attempts or threatens to intentionally apply direct or indirect force to another. Any […]