What Canadian law means by assault
Section 265 of the federal Criminal Code includes intentionally applying force to another person without consent. It can also include certain attempts or threats to apply force where the person has, or reasonably appears to have, the present ability to carry out the threat.
The exact charge matters. Common assault under section 266 is different from assault with a weapon or causing bodily harm under section 267, and aggravated assault under section 268. The Crown's allegations, injuries, use of an object and surrounding circumstances can affect both the offence charged and potential consequences.
Release conditions can affect daily life immediately
A person may be released with conditions restricting contact, communication, attendance at a residence or other conduct. Follow the written conditions unless they are lawfully changed. Do not rely on the other person's invitation to resume contact if a no-contact condition remains in force.
Your first court appearance is not the trial
The Provincial Court of British Columbia explains that an initial appearance is usually brief. It is not a trial and evidence is not presented at that stage. The court process may later include disclosure, discussions about resolution, arraignment and, if required, trial.
Keep every appearance date and document together. Missing court can create additional problems, and a lawyer needs accurate information about the current release order and next scheduled appearance.
Evidence to preserve
- Texts, emails, call logs and social-media messages relevant to the incident.
- Photos or videos showing injuries, property or the location.
- Names and contact information for potential witnesses.
- A private chronology written while events are still fresh.
- Medical or other records you already lawfully possess.
Do not contact witnesses to influence what they say, and do not delete or alter material because it appears unhelpful. A criminal lawyer can advise on lawful evidence preservation and disclosure issues.
Defence issues are fact-specific
Consent, identity, credibility, self-defence, the reliability of statements and the admissibility of evidence can matter in some cases, but no defence can be assessed from a generic checklist. Statements to police and other procedural decisions can have lasting consequences, so individualized legal advice is particularly valuable early.
Related criminal-law reading
Use our broader Burnaby criminal law guide for the court process and B.C. court guide for the roles of different courts. For alcohol or drug-related driving allegations, see impaired driving and roadside prohibitions.