Assault allegations are among the most common criminal charges in Canada — and also among the most misunderstood. One of the biggest misconceptions is that the victim can “drop the charges.” In reality, assault prosecutions do not work that way in Canada.
Even when the complainant (victim) no longer wants the accused to be prosecuted — or insists the assault didn’t happen — the case does not automatically disappear. Police and Crown prosecutors, not victims, control whether an assault charge proceeds, because assault is considered a crime against the public, not just the individual involved.
For anyone facing assault allegations — especially domestic assault — understanding how police, prosecutors, and victims interact in these cases is crucial. Many defendants mistakenly believe that a victim’s apology, reconciliation, or refusal to testify will end the case. In fact, attempting to influence the complainant can make the situation worse, sometimes resulting in additional criminal charges.
This comprehensive evergreen guide explains:
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Why victims cannot drop charges in Canada
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How the Crown decides whether to continue with prosecution
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How domestic assault cases differ from non-domestic cases
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What happens if a victim recants or refuses to testify
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What evidence do defence lawyers use to challenge charges?
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When weak evidence leads to withdrawals
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How
skilled assault lawyers
negotiate, defend, and protect your rights.
With decades of experience defending assault allegations across the Greater Toronto Area, the criminal defence lawyers at Mass Tsang LLP understand how these cases truly unfold — and how to challenge weak evidence, credibility issues, or improper police procedures.
Key Takeaways
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Victims cannot drop criminal charges in Canada. Only police and Crown prosecutors decide whether a case moves forward.
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The Crown evaluates two factors: likelihood of conviction and public interest.
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Domestic assault cases
are prosecuted aggressively under “zero-tolerance” policies, even if the victim asks to stop the case.
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A victim’s unwillingness to cooperate can weaken the Crown’s case, but does not guarantee the charges will be withdrawn.
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Crown prosecutors may still push forward if there is strong evidence, serious injuries, weapon involvement, or public safety concerns.
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Recanting or changing statements often triggers additional investigation, not automatic withdrawal.
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Defence lawyers focus on weaknesses in the evidence, Charter violations, credibility issues, and a lack of corroboration.
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Early legal representation significantly improves chances of getting charges withdrawn, reduced, or stayed.
As
Managing Partner, Jeff Mass
explains:
“Most people assume the victim decides what happens. They don’t. The Crown controls the case — and defence success depends on evidence, not emotions.”
Why Victims Cannot Drop Assault Charges in Canada
Assault is considered a public offence, meaning the alleged wrongdoing affects society at large — even if only two people were involved.
Because of this, the legal process works differently than many expect:
Police decide whether to lay charges
They act on evidence, not on whether the victim wants the accused charged.
The Crown decides whether to prosecute
They consider:
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Strength of evidence
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Public safety
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Likelihood of conviction
Victim wishes are only one factor — and not a decisive one
Canadian law is structured this way to prevent coercion, intimidation, or manipulation of victims, especially in domestic situations.
As
Partner Robbie Tsang
notes:
“If the victim controlled prosecution, abusers could pressure them to recant or stay silent. The system is built to protect the vulnerable, not favour convenience.”
How Assault Charges Are Laid in Canada
The process usually follows this sequence:
1. Police receive a complaint or witness an incident
This can include:
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a 911 call
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a neighbour’s report
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a hospital report
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police witnessing an altercation
2. Police gather evidence
They may collect:
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statements
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physical evidence
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photos of injuries
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digital messages
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911 recordings
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witness accounts
3. If evidence supports a reasonable belief that an assault occurred, police must lay charges
Victims cannot refuse or block this.
4. Police prepare a report and forward the case to Crown prosecutors
5. The Crown determines whether to continue with prosecution
This decision is based on:
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Whether there is a reasonable prospect of conviction
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Whether prosecution is in the public interest
The complainant’s wishes may be considered — but never control the outcome.
Domestic Assault Cases Are Treated Very Differently
Domestic assault — the most charged type of assault in Canada — follows a zero-tolerance approach.
What this means
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Police must lay charges if there is any evidence of assault.
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The Crown almost always continues with prosecution.
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Victims' requests to drop charges rarely change the Crown's decision.
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Non-cooperation may trigger safety assessments, not withdrawals.
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No-contact orders are often imposed, sometimes against both parties’ wishes.
This approach exists because domestic violence cases historically involved high rates of recantation due to:
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pressure
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fear
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financial dependence
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emotional attachment
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threats
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intimidation
As
lawyer Brian Brody
explains:
“Domestic cases often involve complicated dynamics. Crown prosecutors assume there may be pressure behind a victim’s change of heart. That’s why these cases rarely get dropped simply because someone asks.”
When a Victim Wants Charges Dropped: What Happens Next?
A victim’s desire to stop the prosecution does not end the case, but it does trigger a series of assessments by the Crown.
The Crown will examine
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Is the victim unwilling due to fear or intimidation?
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Is the assault serious or minor?
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Is there corroborating evidence?
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Is there an ongoing risk?
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Are children involved?
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Is the accused a repeat offender?
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Were weapons used?
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Are injuries significant?
Victims are often interviewed again to understand their reasons for recantation.
If coercion or threats are suspected
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Charges will continue
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The accused may face new charges (intimidation, obstruction, breaching no-contact orders)
If the case is weak
The Crown may consider:
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withdrawal
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peace bond (s. 810)
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diversion
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conditional discharge
When Do Prosecutors Agree to Drop Assault Charges?
Although victims cannot control prosecution, cases can be withdrawn when the Crown determines that prosecution is not justified.
Charges are more likely to be dropped when
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The case is non-domestic.
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Injuries are minor or non-existent.
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There is no supporting evidence beyond the complainant’s original statement.
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The complainant is cooperative in explaining their change of position.
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The accused has no criminal history.
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Both parties share blame, or the circumstances were mutual.
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The incident appears isolated rather than part of a pattern.
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The complainant displays no fear of the accused.
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Alcohol or misunderstandings contributed to the conflict.
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There is strong evidence contradicting the allegation.
Charges are unlikely to be dropped when
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The case is domestic.
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There are visible injuries.
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There is third-party evidence.
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Weapons were involved.
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Children were present.
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The accused has a violent history.
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The complainant appears pressured or intimidated.
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Public safety is a concern.
What Happens When a Victim Recants or Refuses to Cooperate
Recantation is extremely common in assault cases, especially domestic ones.
Crown prosecutors will assess
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Why the victim is changing their story
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Whether the new version is credible
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Whether external pressure is involved
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Whether there is other evidence to support the original allegations
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Whether the recantation strengthens or weakens the case
Possible outcomes
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charges withdrawn
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The case proceeds without the victim through other evidence.
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Victim subpoenaed to testify.
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The victim was declared a hostile witness.
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Further investigation into potential intimidation
Recantation helps — but does not guarantee — withdrawal.
Evidence the Crown Relies On (Even Without Victim Cooperation)
Even if the complainant refuses to testify, the Crown may rely on:
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911 recordings
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police body camera footage
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photos of injuries
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statements made during the initial call
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witness accounts (neighbours, friends, children, bystanders)
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medical reports
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text messages from the accused
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admissions
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damage to property
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police observations of intoxication, emotional state, and injuries
This is why defendants should never assume:
“I’ll just tell the victim to ask the Crown to drop it.”
This often backfires severely.
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How Defence Lawyers Challenge Assault Charges
Defence strategies depend on the evidence, the relationship, and whether the case is domestic.
Common defence approaches include:
1. Challenging the reliability of statements
Inconsistencies in:
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timing
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details
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injuries
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location
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intoxication
2. Highlighting the lack of evidence
If the complainant refuses cooperation, the Crown often lacks the evidence required for a conviction.
3. Arguing self-defence or mutual combat
Defence lawyers may argue that the accused acted in self-defence, meaning they used reasonable force to protect themselves from an imminent threat. In other cases, the evidence may show mutual combat — that both parties voluntarily engaged in a physical confrontation. These arguments can significantly weaken the Crown’s case, especially when injuries, witness accounts, or digital evidence support the defence’s version of events.
4. Raising credibility issues
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emotional factors
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contradictions
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delayed reporting
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motive to fabricate
5. Exposing Charter breaches
Section 8
— unreasonable search
Section 9
— arbitrary detention
Section 10(b)
— right to counsel
Section 11(d)
— fair trial
Illegally obtained evidence can be excluded.
6. Using digital evidence
Messages may show:
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reconciliation
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apologies
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misunderstandings
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no fear
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no injuries
7. Negotiating early withdrawals
Often through:
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peace bonds
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diversion
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anger management
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counselling proof
How Mass Tsang LLP Builds a Strong Defence
The assault defence lawyers at Mass Tsang LLP focus on:
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Thorough analysis of police evidence
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Cross-checking statements for inconsistencies
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Examining 911, body-cam, and witness evidence
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Identifying contradictions between statements and physical evidence
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Challenging credibility and reliability
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Filing Charter motions
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Collecting defence witness evidence
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Using digital records to undermine the Crown’s theory
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Negotiating withdrawals where the evidence is weak
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Preparing strong trial strategies when necessary
Their experience has helped hundreds of clients secure:
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withdrawn charges
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peace bonds
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reduced charges
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acquittals
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stays of proceedings
FAQ
Can the victim drop assault charges in Canada?
No. Only police and Crown prosecutors can decide whether to proceed with or withdraw assault charges. A victim’s wishes may be considered, but do not control the outcome.
Why can’t victims drop charges?
Assault is considered a public offence. Canadian law prevents victims from dropping charges to avoid coercion, intimidation, or manipulation, especially in domestic cases.
What if the victim refuses to testify?
The Crown may still proceed using other evidence such as 911 audio, photos of injuries, witness statements, or police observations. In rare cases, a victim may be subpoenaed.
Can domestic assault charges be withdrawn?
Yes, but it is more difficult. The Crown applies zero-tolerance policies and usually proceeds unless the evidence is extremely weak or a peace bond is appropriate.
What helps get assault charges dropped?
Weak evidence, inconsistencies, a recanting complainant, lack of public interest, or a strong defence strategy may lead to withdrawals, peace bonds, or alternative resolutions.
