Assault Causing Bodily Harm Lawyer Toronto | Assault Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Assault causing bodily harm is an offence under section 267(b) of the Criminal Code. It is an ordinary assault made more serious by its result: an injury that goes beyond the fleeting and the trivial. Because the charge sits between simple assault and aggravated assault, cases are fought on two fronts: whether the assault itself can be proven, including whether it was self-defence or a consensual fight, and whether the injury meets the legal definition of bodily harm.

What is assault causing bodily harm under Canadian law?

The Crown must prove beyond a reasonable doubt:

An assault: the intentional application of force to another person without their consent, or an attempt or threat by act or gesture to apply force with the present ability to do so.
Bodily harm: section 2 of the Criminal Code defines it as any hurt or injury that interferes with the complainant's health or comfort and is more than merely transient or trifling. Bruising, swelling, cuts requiring treatment, and lasting pain can qualify; a fleeting mark or momentary discomfort generally does not.
Causation: the assault caused the injury, as opposed to a pre-existing condition or a separate event.

Consent has limits in this territory. In R v Jobidon, the Supreme Court held that consent to a fist fight is vitiated where serious bodily harm is both intended and caused, which is why mutual fights still produce convictions. The mental element attaches to the assault itself; the Crown does not have to prove the accused intended the particular injury.

Penalties for assault causing bodily harm in Ontario

Assault causing bodily harm is a hybrid offence. The maximum penalty is 10 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. There is no mandatory minimum. Outcomes in Ontario range from discharges and probation for isolated incidents with modest injuries through to jail where the violence was sustained, gratuitous, or aggravated by a record.

Ancillary consequences matter as much as the sentence. Where the Crown proceeds by indictment, a conviction triggers a mandatory weapons prohibition under section 109 of the Criminal Code; on summary conviction, a discretionary prohibition is available under section 110. A DNA order can be made, and for non-citizens a conviction can have serious immigration consequences. Where the allegation involves an intimate partner, the stricter bail and sentencing framework described on our domestic assault page applies as well.

Possible defences to an assault causing bodily harm charge

Depending on the evidence, defences may include:

Self-defence: section 34 of the Criminal Code permits reasonable force to defend yourself or another person, assessed on factors including the nature of the threat, proportionality, and the history between the parties.
Consent: in genuinely consensual altercations, the Jobidon limits are the battleground; where serious bodily harm was neither intended nor caused, consent can remain a defence.
The injury threshold: medical records and photographs often show injuries that are transient or trifling in law, reducing the case to simple assault at most.
Causation: pre-existing injuries, intervening events, and injuries inconsistent with the alleged mechanism.
Identity and reliability: chaotic multi-person incidents, poor lighting, and cross-racial identification frailties.
Charter issues and delay, including statements taken in breach of the right to counsel and unreasonable delay under section 11(b).

Frequently asked questions

What counts as bodily harm?

Any hurt or injury that interferes with health or comfort and is more than merely transient or trifling. Significant bruising, cuts, sprains, and injuries needing medical attention typically qualify; fleeting redness or momentary pain typically does not.

What is the difference between assault, assault causing bodily harm, and aggravated assault?

The difference is the injury. Simple assault requires no injury, assault causing bodily harm requires harm beyond the trivial, and aggravated assault requires wounding, maiming, disfigurement, or endangerment of life.

Can I be convicted after a fight we both agreed to?

Possibly. Consent to a fist fight is no defence where serious bodily harm was both intended and caused. Where the harm was neither intended nor serious, consent remains a live defence.

Will I go to jail for assault causing bodily harm?

Not necessarily. First-time allegations with modest injuries often resolve with discharges, probation, or peace bonds, while serious or repeated violence attracts jail. Outcomes depend on the evidence and circumstances of each case.

Does a conviction come with a weapons ban?

If the Crown proceeded by indictment, a weapons prohibition is mandatory on conviction. On summary conviction the court has discretion to impose one.

What if the complainant does not want to press charges?

In Canada the Crown, not the complainant, decides whether a prosecution proceeds. The complainant's wishes are a factor the Crown considers, but charges do not end simply because the complainant asks.

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