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By LegalMatters Staff • American news broadcasts and television shows often reference the charge “assault and battery.” That term is not used in Canada. The most comparable charge we have is assault causing bodily harm.
“Bodily harm is an injury that affects someone’s physical health and well-being,” says Ottawa criminal lawyer Céline Dostaler. “It cannot just be a transitory injury or pain that quickly subsides. In most cases, the complainant may have to seek medical care or an absence from work to heal from such an injury.”
She explains that simple assault is the intentional act of applying force to another person without their consent.
“There doesn’t have to be bodily contact for an assault charge,” says Dostaler. “It is enough that a person was threatened, by an act or gesture.”
In comparison, there is always some degree of physical contact with assault causing bodily harm, she says.
“Generally speaking, the severity of the injuries and the circumstances surrounding the assault will determine if the charge of assault is upgraded to assault causing bodily harm,” says Dostaler.
If two people consent to engage in physical contact, such as a fight on the ice during a hockey game, the charge of assault causing bodily harm is unlikely to be laid as both players consented to the skirmish, she says.
“But if one player is knocked to the ice and the other player continues to land punches, he could be charged with assault since the consent to fight is considered to be withdrawn once one participant is unable to defend himself,” Dostaler explains.
