Bodily Harm
Bodily harm is defined in section 2 of the Criminal Code as any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature. The definition is used throughout the Code to grade the seriousness of offences — most importantly in assault causing bodily harm (section 267(b)) and dangerous driving causing bodily harm (section 320.13(2)).
Bodily harm is also used outside the assault context — for example, in dangerous driving, criminal negligence, and several weapons offences. Mass Tsang's lawyers handle the full range of offences where bodily harm is an issue.
More than transient or trifling
The threshold is deliberately low. Bodily harm does not require a hospital visit, broken bones, or stitches. Bruising, swelling, scrapes, sprains, soft-tissue injuries, concussions, persistent pain, and significant psychological harm have all been found to qualify. What separates bodily harm from a mere transient discomfort is that the injury causes more than fleeting interference with health or comfort.
Psychological harm
Following R v McCraw, 1991, psychological harm can qualify as bodily harm where it goes beyond ordinary distress. PTSD, lasting anxiety, sleep disturbance, and similar injuries can be proven through medical and lay evidence. Mere transient upset or hurt feelings will not meet the threshold.
Bodily harm vs. aggravated injury
Bodily harm is distinct from the higher thresholds used in aggravated assault (wounds, maims, disfigures, or endangers life). An offence "causing bodily harm" only requires the lower threshold. Most assault charges in Ontario that involve any meaningful injury proceed under section 267(b) rather than section 268.
Causation
Where bodily harm is an element, the Crown must prove the assault caused the harm — meaning that the assault was a significant contributing cause. Intervening events can break the chain of causation in rare cases. More often, the link between the assault and the injury is straightforward and not seriously contested.
Related glossary terms
