Assault Causing Bodily Harm in Canada

The short answer

Assault causing bodily harm is an assault that leaves an injury that is more than brief or minor. It is set out in s. 267(b) of the Criminal Code. It is more serious than common assault, with a maximum of 10 years, but there is no minimum sentence, and many cases end without jail. The strength of the medical evidence often decides how the case is resolved.

What "bodily harm" means

The Criminal Code defines bodily harm as any hurt or injury that interferes with a person's health or comfort and is more than brief or minor (s. 2). The legal wording is "more than merely transient or trifling."

Injuries that often meet this test include a broken nose, a cut that needs stitches, a concussion or bruising that lasts. A brief red mark that fades within minutes usually does not. Serious psychological harm can also count as bodily harm.

For example, a black eye that lasts a week is likely bodily harm. A slap that leaves a mark for an hour is more likely to be common assault.

Other names for this charge

You may hear the term "actual bodily harm." That is an English term, and it is not used in Canadian law. In Canada, the charge is called assault causing bodily harm.

What the Crown must prove

The evidence in a typical case

Bodily harm cases usually depend on photographs of the injury, hospital or doctor's records, statements from the complainant and witnesses, 911 calls, body-worn camera video and any security or phone video. Medical records are especially important, because they show the nature of the injury and when it was treated. Sometimes the records describe an injury differently from the police report, and that difference can matter.

Choking is in the same section

Section 267 also covers assault with a weapon (s. 267(a)) and choking, suffocating or strangling (s. 267(c)). These carry the same penalties. A choking charge does not require any injury at all. See our choking and strangulation guide.

Penalties

Assault causing bodily harm is a hybrid offence, so the Crown chooses how to proceed:

• By indictment: The maximum is 10 years.
• By summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both (s. 787).

There is no minimum sentence, and a discharge is legally available. If the Crown proceeds by indictment, a weapons prohibition is mandatory on conviction (s. 109).

If the person is an intimate partner and the incident happened on or after July 17, 2026, the Crown can charge it under s. 263.1. The maximum then rises to 14 years, and a discharge is no longer available. See violence against an intimate partner.

For the full range of outcomes, see assault sentences in Canada.

Possible defences

Depending on the facts, the main defences include:

• Self-defence: Force can be lawful if it was a reasonable response to force or a threat (s. 34). See self-defence to an assault charge.
• No bodily harm: The injury may be minor, or the medical evidence may not support the charge.
• Causation: The injury may have come from something else, such as a fall unrelated to you.
• Identity: In group incidents, the evidence may not show who caused the injury.
• Consent: This applies only in limited cases, such as contact sports played within the rules.

When the bodily harm element is weak, the charge can sometimes be resolved as common assault.

Possible outcomes

Effects beyond the sentence

Because assault causing bodily harm carries a maximum of 10 years, a conviction can make a permanent resident inadmissible for serious criminality under s. 36 of the Immigration and Refugee Protection Act. A conviction can also affect employment and travel to the United States.

Injuries in group incidents

Many bodily harm charges come from incidents involving several people, such as fights outside bars or at parties. In those situations, it can be very difficult to show which person caused which injury. The Crown must prove that your actions caused the bodily harm, or that you were a party to an assault that caused it, and confusion among witnesses about who did what can create reasonable doubt.

What to do now

• Follow every release condition exactly, including any no-contact terms.
• Keep photos of any injuries you suffered, and any medical records of your own treatment.
• Save any video, messages or witness contact details connected to the incident.
• Get legal advice before you speak to police or the complainant.

Effects on family and work

A bodily harm charge can affect custody and parenting time if the complainant is a partner or family member. It can also matter for jobs that involve vulnerable people. Getting advice early helps you plan for these effects.

Bodily harm and young people

If the person charged was between 12 and 17, the Youth Criminal Justice Act applies, with different sentences and record rules.

How we can help

We can review the medical and photo evidence, look for problems with the bodily harm element and argue for the least serious outcome the facts allow. Call (647) 223-1980 for a free consultation.

Frequently asked questions