Understanding Canada’s Criminal Code and How It Deals With Verbal Assault

We’re taught from a young age to keep our hands to ourselves to avoid consequences, but your words can get you in almost as much trouble. Everyone says things they don’t mean from time to time, but if an argument ends up escalating to the point of threats, it can lead to serious legal implications. Find out how verbal assault is handled and what you need to know if you’re accused of threatening someone.

What Is Assault?

When you hear the word “assault,” you probably think of something being hurt, getting into a fight, or being attacked. However, you can also be charged with assault if you physically hurt or attack someone, but you can also be charged with assault as a result of some verbal altercations as well.

Canada’s Criminal Code states that assault can include when someone “(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (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 (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.”

What Constitutes Verbal Assault?

Saying that someone committed verbal assault is a fancy way of saying that they threatened someone or otherwise caused them to fear for their safety or the safety of their property, including pets. Criminal Code of Canada section 264.1 states, “Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person.”

It’s not unusual for arguments to get heated and for people to say things they don’t mean, but this is a prime example of how verbal assault charges can come about. For instance, if you were to threaten that you were going to burn someone’s clothes, break a window, or physically attack them, these are all situations that could result in verbal assault charges. It’s important to note here that it is not your intention that is important here as much as whether the verbal altercation constituted a threat and whether the person felt that they could be harmed.

What Evidence Is Used in Verbal Assault Cases?

Verbal assault cases are a bit different from physical assault cases when it comes to the evidence used. In physical assault cases, there is usually some physical evidence, such as bruising, broken bones, cuts, or other injuries. Instead, verbal assault cases rely heavily on witness testimony and other evidence, such as phone recordings or footage from security cameras. Investigators will speak to everyone who was present at the scene and witnessed the verbal altercation to try to get a better understanding of what happened. In some cases, these situations end up with one person’s word against the other, which can make it harder to prosecute.

What Happens If I’m Convicted?

The penalties you could face if you are convicted of verbal assault depend on what threats you allegedly made. If you threatened to kill or harm someone, it is punishable on summary conviction and you can be sentenced to up to 5 years in prison. If you are convicted of threatening to damage someone’s property or hurt their animal, you can face up to 2 years in prison. In some cases, this can be increased. For example, if you threatened to hurt someone with a deadly weapon, such as a firearm or knife, you could be charged with assault with a weapon, which carries a penalty of up to 10 years in prison if you’re convicted.

While it’s not pleasant to think about the potential sentence you could be facing or even being convicted, it’s important to be aware of what the law says so that you can prepare an adequate defence. Assault charges, even for verbal assault, are very serious and should be treated as such. If you have questions about what kind of penalties you could be facing or what a conviction might mean for your future, talk to a criminal defence lawyer.

How Can a Defence Lawyer Help Me?

A defence lawyer should be your first call when you’ve been arrested or are under investigation for any type of criminal charge. Your lawyer can talk with you about your options, which could include arguing that there was no threat actually made, that you had no intention to threaten the other party, or that the alleged threats were simply a joke and there was no indication that they should be taken seriously. Each of these options can be a valid defence strategy, but which one is right for your situation depends on the circumstances surrounding the allegations and what your lawyer believes to be the best course of action for your case.

Being accused of verbal assault is a serious offence, and you shouldn’t brush these charges off just because nothing physical happened. If you’ve been charged with assault, contact AR Law Barrister & Solicitor to talk about your defence options. Our team can walk you through your charges and what the legal process is from this point so that you’re prepared to aid in your defence. Call our office today to find out more about our services and how we can help.

Being charged with a crime in Canada is a serious matter. However, there are various classifications that can affect the severity of penalties a person may face. One of these classifications is whether an offence is designated as absolute liability, strict liability, or mens rea. These categories dictate whether the courts believe criminal intent was present.

What Are Canada’s Three Classifications of Offences?

While criminal intent is a significant part of Canada’s offence classifications, it is not the only consideration. The category that an act falls under will also dictate the defences that the accused can employ to prove their innocence.

What Is Absolute Liability?

Absolute liability violations do not require that the Crown Attorney prove that a person had criminal intent. They need only prove that an act happened beyond a reasonable doubt. The defendant is not entitled to a defence of necessity, accident, or due diligence.

This may sound like the deck is stacked against a defendant, but the one positive aspect of these charges is that jail time is not a possibility. Heavy fines are possible.

What Is Strict Liability?

Strict liability violations also do not require that the Crown Attorney prove criminal intent. It’s enough to simply show the courts beyond a reasonable doubt that an act occurred. However, the defendant is entitled to defences such as mistake of fact and due diligence.

While having additional defence options is good, strict liability crimes can result in fines and jail time.

What Is Full Mens Rea?

When the Crown Attorney can prove criminal intent, a person may be convicted based on mens rea. This means that a person had intent, knowledge, or engaged in reckless acts. Proving intent can be done by meeting evidentiary standards.

When mens rea is proven, the penalties can be severe. Many people are serving life in prison because the courts believed criminal intent was present during their alleged crimes.

What Are Examples of Different Types of Crime in Canada?

The difference between absolute liability, strict liability, and mens rea in Canada may seem complicated to those outside of the legal field. The following examples provide some insight into the types of crimes that may fall under each categorization:

• Absolute liability crimes
  • Failing to stop at a stop sign
  • No valid insurance card
  • Dumping industrial waste
  • Employers failing to provide required safety equipment
• Strict liability crimes
  • Careless driving
  • Selling food deceptively
  • Emitting certain contaminants
  • Misleading advertising
• Mens rea crimes
  • Embezzlement
  • Lying to a police officer
  • Misleading information on tax forms
  • Murder

What If You’re Charged With a Crime?

A lack of criminal intent is often a mitigating factor when it comes to charges laid in court. However, this lack of intent does not mean you won’t face serious consequences. In fact, defendants can end up in prison even if they never intended to commit a crime.

As such, your first step should be to remain silent. You don’t have to speak to the police. In many instances, you may admit to an absolute or strict liability crime while trying to explain that you had no criminal intent. Instead, you should immediately contact a criminal defence lawyer.

It is no secret that theft is considered a serious crime. In fact, prison sentences of up to 10 years are possible even for a first offence. However, did you know that possession of stolen property is often treated just as seriously under the law? You may have never stolen anything in your life, but a conviction of theft by possession can still lead to a criminal record.

Here’s what you need to know about this charge and how it can affect those accused of theft. If you have additional questions or need legal representation, contact our law firm to speak with a theft lawyer in Toronto today.

What’s the Legal Definition of Possession of Stolen Property?

Possessing stolen property is a hybrid offence under the law. This means it can be charged by indictment or summary conviction. The crime itself is defined as possessing any property or the proceeds of property “knowing that all or a part of the property” was obtained via an indictable offence.

Because theft is an indictable offence, possessing an item that was procured through theft is a crime. This can happen if you buy a stolen Rolex from a street vendor, pay an online marketplace seller for a television they stole, or even if a friend gives you a gift that they shoplifted from your favourite boutique.

Do You Have to Know That Property Was Stolen?

While Canadian law defines possession of stolen property as only occurring when the defendant knows that the property was stolen, actual knowledge of a crime is not required. The Crown Attorney only needs to prove that you acted recklessly or were “wilfully blind” when you obtained the item.

For instance, think back to the stolen Rolex we mentioned earlier. If the street vendor is trying to sell it to you for $500 — even though it retails for closer to $7,000 — the deal may seem too good to be true. This could be a person’s downfall. The prosecutor could argue that the defendant ignored obvious signs that the watch was likely stolen.

What Are the Legal Penalties for Possessing Stolen Property in Canada?

While it may seem unfair, someone charged with possessing stolen property can face the same penalties as the individual who stole the item. If the value of the item is less than $5,000, the crime is punishable by two years if charged as an indictment.

Even if the Crown Attorney opts for summary conviction, you could be imprisoned for six months. If the item is worth more than $5,000, you could face up to 10 years in prison. Clearly, the stakes are extremely high.

Anyone charged with such a crime should seek legal assistance immediately.

The criminal justice system can be complex and stressful to deal with. There are times when evidence is clear, and convictions are simple. However, there are also instances where the Crown feels the threat of crime may exist or that they cannot prove that someone committed a crime. In such cases, a peace bond might be issued. What is a peace bond? It’s an intricate area of the law.

If you’re facing such a bond or wondering how it works, the wealth of information online may seem overwhelming. The following guide will provide the essential knowledge you need along with how it may affect your situation.

What Is a Peace Bond Under the Law?

A peace bond is a legal order issued by criminal courts that requires a targeted individual to “keep the peace” during a period of time. There are underlying reasons that such a bond may be issued, but in most cases, the primary rationale is that the Crown Attorney isn’t sure they can secure a conviction at trial. These bonds last for a maximum of 12 months.

An individual under a Peace Bond must not commit any criminal offence during this time. However, there can be a variety of other conditions attached as well:

• No possession of weapons
• No alcohol or drug use
• Staying away from certain places or people
• Abiding by a curfew
• Reporting to probation officers or police

Either a Justice of the Peace or a judge from a criminal court can issue these orders. They effectively act as a combination of probation conditions and restraining orders — even though a criminal charge or conviction may not occur. A peace bond can prove beneficial to those it targets since it can help them avoid a potential trial.

When Is a Peace Bond Issued?

In many instances, a peace bond is issued when criminal charges have been brought against someone. The Crown Attorney may feel that a conviction is unlikely, so rather than prosecution, they can ask the defendant to sign a peace bond to avoid trial and have charges withdrawn. If they breach this bond, though, they can be charged with a separate criminal offence.

A peace bond can also be issued if no arrest or criminal charges are levied at all. Someone can request that a bond be issued if they feel that they, their spouse, their children, or their property are in danger. A peace bond can be issued when the courts believe that a crime is likely to be committed. As such, these bonds require a lower standard of proof than criminal charges.

What Happens If a Peace Bond Is Violated?

If a person is charged with a new crime or fails to follow the conditions of their peace bond, they can face criminal charges. This is disheartening when it occurs — because the peace bond itself would not show up on most criminal record background checks. A conviction for violating the court order, however, will come up in most cases.

Anyone convicted of a breach of peace bond can be fined up to $5,000, face three years of probation, and even be incarcerated for two years. These punitive measures are in addition to any other penalties related to new crimes and charges. This is why anyone facing a peace bond or charged with violating one should seek immediate legal counsel.

Being charged with a crime is a scary experience. You could face time in jail, and the consequences can affect countless aspects of your life. Even without jail time, though, penalties can be stiff. One potential sentence that a person may receive is a discharge. However, this can be a positive outcome. So, what effect does a discharge have on your criminal record?

Having a conviction discharged is fairly straightforward, but complications can arise. Plus, there’s no guarantee you’ll be eligible for such a discharge. This is why you should speak with a defence lawyer when you have questions. In the meantime, here’s what you need to know about discharges on your criminal record.

What Is a Discharge?

For certain crimes, a discharge is a possible sentence. This occurs when there is a plea or finding of guilty — but no conviction occurs. These are among the most lenient sentences that anyone can receive after being found guilty. Since there is no conviction recorded, nothing goes onto the defendant’s criminal record.

There are two types of discharges: absolute and conditional. An absolute discharge has no requirements or strings attached. It’s the lowest possible criminal penalty in our system. A conditional discharge is similar — also resulting in no criminal record — but a conviction will be recorded if the accused fails to comply with the conditions of their probation.

How Will a Discharge Affect Your Criminal Record?

Because neither of these discharge types result in conviction, there is nothing to input on a criminal record. Only convictions go on these records. However, a conditional discharge will show on background checks for three years. An absolute discharge will show up on your record for a year after sentencing.

There is one caveat to this general rule. A vulnerable sector background check may show verdicts on your record long after the traditional search period ends. Peace bonds can also show up on these background checks — even though there’s no admission of criminal activity. This is why you should consider speaking with a lawyer, even if the Crown Attorney offers a discharge.

Are Any Crimes Not Eligible for Discharge?

Individuals who are convicted of crimes often ask why they were not given a discharge. Put simply, the courts are not required to offer an absolute or conditional discharge to anyone found guilty of a crime. However, there are also a variety of criminal charges that disqualify defendants from even being considered.

If a person is found guilty of a crime that carries a minimum sentence — or is punishable by 14 or more years in prison — they are not eligible for discharge. However, it is possible to seek a record suspension in some of these situations. This is why having legal representation can be invaluable regardless of where you are in the system.

Toronto has seen increasing rates of certain violent crimes in recent years. However, not all criminal allegations are the kind that make the nightly news. In many cases, assault charges involve friends, acquaintances, and loved ones. In such circumstances, an alleged victim of an assault may change their mind and not want to press charges. So, is this allowed?

Obviously, there are many other instances when accusers may decide they don’t want to press charges. In any of these cases, though, the law dictates how the criminal justice system moves forward. Here’s what you need to know.

Can Alleged Assault Victims Have Charges Dropped?

In many instances of assault, police have discretion over whether to make an arrest. If two individuals engage in mutual combat, neither may want to press charges. In such a case, officers may not make an arrest at all. When someone is taken into custody and formally charged, however, the decision to rescind these charges does not fall to the alleged victim.

When police lay charges against an individual, the decision to prosecute belongs entirely to the Crown Attorney. Even if the alleged victim completely recants their initial statement, the prosecutor can still opt to move forward with charges. Their job can become more difficult without a cooperating witness, but a conviction is far from impossible.

Can Domestic Assault Victims Refuse to Press Charges?

When police respond to an assault call, the parties involved may wish to not have charges filed. In many cases, officers can use their discretion to acquiesce. However, this is not the case when they have reasonable suspicion that domestic violence (DV) has occurred. This can occur between those involved in romantic relationships, individuals living together, or family members.

In cases where domestic assault charges are levied, there’s a solid chance that the Crown Attorney may move forward even without a cooperating witness. The news frequently covers stories of intimate partner murders that followed previous repeated incidents of violence. This often occurs when DV victims recant their statements and don’t cooperate.

If someone is charged with domestic assault in Toronto, they’ll likely face difficulties regardless of whether an alleged victim changes their mind.

When Might a Prosecutor Drop Charges?

While an alleged victim cannot unilaterally decide to drop charges, there are instances where the Crown Attorney may dismiss a charge on their own. In many cases, this decision is directly linked to recanted statements. The alleged victim may have exaggerated, been intoxicated, or even blatantly lied to police officers. Either way, they will not make great prosecution witnesses.

Put simply, the Crown Attorney will typically not move forward with criminal charges if they don’t reasonably believe that they can secure a conviction. At times, this can be because an alleged assault victim changed their mind and wants charges dropped. Regardless of the underlying situation, anyone facing allegations of a crime of violence should seek legal counsel.

Canada’s strict gun laws are a running joke to many of our neighbours south of the border. Just because a person cannot typically carry a gun for self-defence, though, does it mean they have no options to protect themselves? For instance, is pepper spray legal in Canada? Unfortunately, you may be out of luck if you’re considering carrying Mace® or other sprays as self-defence.

Is Pepper Spray Illegal in Canada?

Pepper spray is not legal in Canada. It is considered a prohibited weapon under our country’s criminal code. This is true of any gas, powder, liquid, or other substance discharged from a weapon that can immobilize, injure, or otherwise incapacitate another individual.

In fact, our country has outlawed a wide variety of items that could be used in self-defence. Anything that’s intended to cause intimidation, injuries, death, or even present a threat to someone is typically outlawed. Violating this law can have serious consequences.

What Are Criminal Penalties for Possessing Pepper Spray?

Anyone arrested for carrying pepper spray can face prison time. There are a variety of crimes that a person may be charged with. These include hybrid offences — such as unauthorized possession of a prohibited weapon — and indictable offences like importing a prohibited weapon.

However, there are also instances where the Crown Attorney may choose to prosecute summarily. The prosecutor’s approach will have a significant effect on potential penalties for carrying pepper spray. However, prison sentences can range up to 10 years in some cases. This is why you should seek legal counsel if you’re facing charges.

Are There Alternatives to Pepper Spray?

Once people learn that pepper spray is illegal, they often wonder whether there are legal self-defence alternatives. After all, an attacker doesn’t need to be armed to cause injury or death. So, are there alternatives to pepper spray for self-defence?

This is a complex question, and its full answer will often only come after someone is charged with an offence. That’s because items such as fixed-blade knives, bear mace, and batons are legal to carry, but the law states that their use cannot be intended to harm others.

Unfortunately, the criminal code is intentionally vague in this area to give police, prosecutors, and the courts more discretion. Put simply, carrying any self-defence weapon could result in charges. However, a good lawyer may be able to help you avoid conviction.

What If You’re Arrested With Pepper Spray?

If you’re arrested with pepper spray, the weapon will first be confiscated. It’s also likely that you’ll be taken into custody. However, you might be entitled to bail depending on the circumstances of your situation. This means you may not have to stay in jail while awaiting prosecution.

After being arrested for carrying pepper spray — or any prohibited weapon — keep in mind that you don’t have to speak to the police. Doing so may hinder your defence. After being charged with such a serious crime, it’s likely in your best interest to quickly contact a Toronto criminal defence lawyer.

We’ve all seen blackmail play out in television shows and books, but in many cases, it seems as if the act goes unpunished. This oftentimes makes it seem as if extorting someone for gain is just something a person can do whenever they feel like it. In reality, many jurisdictions treat such actions as serious crimes. So, is blackmail a crime in Canada?

Unlike many other areas of the law, there isn’t much nuance to this question. If you’ve been charged with blackmail in Toronto or anywhere in Canada, it’s time to seek assistance from an experienced legal professional.

Is Blackmail Illegal in Canada?

There really are no complexities to national statutes in this situation: blackmail is illegal. However, you may have trouble finding these laws if you’re searching through our country’s legal texts. That’s because the crime is known as extortion, and it can carry some stiff consequences.

Extortion is an indictable offence. This means that a conviction can lead to substantial prison time. Even worse for those charged with the crime, there is no statute of limitations under the law. This means that a person could be charged years after allegedly engaging in behaviours that meet the legal definition of blackmail.

What’s the Legal Definition of Extortion?

The Criminal Code of Canada specifies which actions constitute extortion. There’s plenty of legal jargon in the statute, but the elements of blackmail essentially break down into the following:

• Use of threats, violence, accusations, or menacing.
• The defendant intended to get something from their target or force them to do something.
• The underlying threats or violence were made to force the other individual into doing something.
• The threats were made “without reasonable justification or excuse.”

When all of these elements undeniably exist, the Crown Attorney will likely be able to secure a conviction. And since prosecutors are not supposed to move forward with charges without a reasonable belief that a conviction can be secured, your best bet is to seek legal counsel if you’re ever accused of this indictable offence.

What Are the Potential Penalties for Blackmail Charges?

As an indictable offence, blackmail can result in serious punitive measures. The most severe potential consequence, however, is life in prison. This is certainly a worst-case scenario, which would likely involve aggravating factors, but the fact that such a sentence is even possible should terrify anyone accused of the crime.

Fortunately, there are no minimum sentences for an extortion conviction unless a prohibited firearm was used or the act involved organized crime in some way. This means someone charged under the statute may be able to negotiate a more lenient sentence with the help of an extortion lawyer in Toronto.

The circumstances of the case will obviously affect the eventual outcome, but since blackmail is a serious crime, no one should take these charges lightly.