“ Domestic assaults are more challenging than other forms of assault because the Canadian government encourages Crown prosecutors to prosecute offenders aggressively.”
— Jeff Mass , Managing Partner at Mass Tsang LLP
“ When intimate partners are involved, the Crown pulls out all the stops to secure a conviction. Our job is to respond with equal determination and a strategic defence.”
— Robbie Tsang , Co-Managing Partner at Mass Tsang LLP
When a Mass Tsang criminal defence lawyer consults with a new Greater Toronto Area client about their assault charges, one of the first questions they ask is whether the client had an intimate relationship with the alleged victim. If the answer is yes, it may change how the lawyer strategizes the defence.
“Domestic assaults are more challenging than other forms of assault because the Canadian government encourages Crown prosecutors to prosecute offenders aggressively, and judges to be more severe in their punishment,” says Mass Tsang managing partner Jeff Mass . “This can make it difficult to negotiate favourable pre-trial resolutions with the Crown and puts more onus on us to solidify the defence.”
Jeff’s co-managing Mass Tsang partner, Robbie Tsang , continues, “When intimate partners are involved in an assault, the Crown pulls out all the stops to secure a guilty plea or a conviction. They still must prove that the accused committed the offence beyond all reasonable doubt, but they make a more concerted effort to do so. Thus, we must respond in kind.”
With this in mind, let’s review domestic assault laws in Ontario.
Canada’s Criminal Code does not explicitly reference “domestic assault” and it is not a distinct criminal offence. However, sentencing principles in Section 718.2(a)(ii) of the Code states that “evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim or the offender’s family” is an aggravating factor that implicitly warrants harsher sentencing. With Canadian government initiatives to combat intimate partner violence , the criminal justice system uses “domestic assault”-related terminology when an assault involves an intimate partner. The criminal justice system applies the domestic assault focus to other offences, including:
Other sections of the Code allow courts to impose strict conditions — like restraining and no contact orders — on accused offenders and those convicted of a domestic assault or other offences involving an intimate partner.
While not in the Code, the Canadian Government defines an intimate partner as anyone in a close or historically close personal relationship as characterized by emotional connection, physical contact, living together, and sexual relations. Intimate partners include:
| Type of Assault | Conviction Type | Max Penalty | Sexual Assault Variation | Minimum Sentence (If Victim <16) |
|---|---|---|---|---|
| Simple Assault | Summary | 2 years less a day and/or $5,000 fine | Max 18 months | 6 months (Summary), 1 year (Indictable) |
| Simple Assault | Indictable | 5 years | 10 years | 14 years |
| Assault with Weapon / Bodily Harm | Summary | 2 years and/or $5,000 fine | 14 years (Firearm: min 4 years) | Life (if victim under 16, min 5 years) |
| Assault with Weapon / Bodily Harm | Indictable | 10 years | — | — |
| Aggravated Assault | Indictable Only | 14 years | Life | 4–5 years depending on weapon/victim age |
Assaults involving intimate partners fall under the direction of Sections 265 to 268(1) of the Criminal Code, which details three forms of assault:
Section 265 provides the overall definition of assault, which it defines as the intentional, direct or indirect application of non-consensual force against another person, or the attempt or threat to apply such force. This section details simple assault as physical contact or threats that cause a victim reasonable fear.
This form of assault involves the use of a weapon or causes bodily harm.
The most serious charge, aggravated assault results in the wounding, maiming, disfiguring, or endangering the life of the victim.
Sexual assaults follow the same parameters as the three categories of assault, but involve a sexual motivation or act.
The Criminal Code does not prescribe distinct penalties for domestic-related assaults or sexual assaults. Judges must base their sentencing decisions on the Code’s Section 718 sentencing principles, the listed “punishment” for each category of assault, and consideration of relevant aggravating factors, such as involvement of an intimate partner. While judges have broad discretion in their sentencing decisions, the government’s zero-tolerance focus on domestic assault encourages judges to be more proactive in sentencing when an assault involves an intimate partner. The following Criminal Code penalties apply to domestic assaults:
Summary conviction offence: two years imprisonment and/or $5,000 fine. For sexual assaults: maximum 18 months in jail; minimum six months in jail if the victim is under 16, with the maximum increased to two years.
Indictable offence: up to five years imprisonment. For sexual assault: maximum 10 years imprisonment; minimum one-year imprisonment if the victim is under age 16, with the maximum rising to 14 years.
Summary Conviction Offence: two years imprisonment and/or $5,000 fine. For sexual assaults: maximum 14 years in prison with a minimum of four years if a firearm was used; maximum life in prison and minimum five years if the victim was under 16.
Indictable offence: maximum 10 years imprisonment. For sexual assault:
Only charged as an indictable offence: maximum 14 years imprisonment. For sexual assault: maximum life prison term and minimum four years if a firearm was used, and five years if the victim was under 16.
In addition to prescribed Criminal Code penalties, judges can impose additional punishment and conditions, including:
If Ontario Police arrest you for a domestic assault-related offence, the criminal justice system will be highly motivated to secure a conviction and impose severe punishment. As such, you should always consult with a skilled domestic assault defence lawyer , like those at Mass Tsang, if you’ve been arrested for an assault involving an intimate partner. Mass Tsang has decades of success defending clients against domestic assault charges, clearing the charges of more than 1,200 Greater Toronto Area clients. To learn how our lawyers can strategize a solid defence against your domestic assault charges, contact Mass Tsang today for a free consultation.
