Choking, Suffocation or Strangulation Charges in Canada

The short answer

Choking, suffocating or strangling someone during an assault is a serious charge under s. 267(c) of the Criminal Code. It carries up to 10 years, the same as assault causing bodily harm, even if there is no visible injury.

Since July 15, 2026, a choking allegation also changes bail. You must show why you should be released, and you must clearly demonstrate that your release plan addresses the risks.

Why these charges are treated seriously

Choking can cause serious harm or death quickly, often without leaving marks. Parliament created this as a specific charge in 2019 to reflect that risk. Courts and police also see choking as a warning sign of future violence, especially in intimate partner cases.

What the Crown must prove

Common evidence in choking cases

• The complainant's description of what happened.
• Photos of the neck, including redness, scratches or small red spots.
• Medical records, if the complainant was examined.
• Changes to the voice, trouble swallowing or other symptoms described later.
• 911 calls and body-worn camera video.

The lack of marks does not end a case. However, it can matter when the evidence is weighed, especially if the account describes strong or long-lasting pressure.

Bail after the 2026 changes

Since July 15, 2026, a reverse onus applies to assault and sexual assault charges where you are alleged to have choked, suffocated or strangled the complainant (s. 515(6)(a)(ix)). You must show why you should be released and clearly demonstrate that your plan deals with the risks. In these cases, the court does not have to start with the least restrictive form of release (s. 515(2.04)).

Many people are still released. A strong plan usually includes a suitable surety, a place to live away from the complainant and conditions that match the concern. A person convicted of an indictable offence in the last 10 years generally cannot act as a surety (s. 515(2.11)), unless no other suitable surety is available and it is in the interests of justice. See our reverse onus guide.

What happens after you are charged

1. Bail hearing: Because of the reverse onus, preparing a release plan and a surety early is important.
2. Disclosure: The Crown provides the statements, photographs, medical records and any video or 911 recordings.
3. Pretrial meetings: Your lawyer reviews the evidence and discusses the case with the Crown, often at a judicial pretrial.
4. Resolution or trial: Some cases resolve to a lesser charge, while others go to trial on what actually happened.

Penalties

• 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.
• Minimum: There is no minimum sentence.
• Discharge: A discharge is legally possible, though less common.
• Weapons prohibition: A weapons prohibition is mandatory on an indictable conviction. See weapons prohibition orders.

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

Possible defences

• Reasonable doubt: The accounts may be inconsistent, or the medical evidence may not fit the description.
• Contact that was not choking: For example, a push to the chest or shoulders may have been described later as a grab at the neck.
• 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.
• Charter issues: Police may have breached your rights during the arrest, search or statement.

Effects beyond the sentence

Because choking carries a maximum of 10 years, or 14 years under s. 263.1, a conviction can make a permanent resident inadmissible for serious criminality. A choking conviction can also affect family court matters, employment and travel to the United States.

What to do now

• Follow every release condition, especially no-contact and residence terms.
• Do not discuss the allegation with the complainant or with mutual friends.
• Save any messages, photos or video that relate to the incident.
• Start lining up a possible surety right away if you are held for bail.

Release conditions in choking cases

Because choking allegations are taken very seriously, release conditions in these cases are often strict. They commonly include no contact with the complainant, a ban on going to the family home, a weapons prohibition, and sometimes a curfew or house arrest with a surety. These conditions can last for many months while the case moves through court, so it is important to plan for where you will live and how you will manage family responsibilities.

Possible outcomes

Choking and family court

A choking allegation often affects family court matters, such as parenting time and decision-making. Criminal release conditions continue to apply even if a family court order says something different. Get advice on both cases together.

How we can help

We can prepare a release plan for a reverse onus bail hearing, review the medical and photo evidence and test the account. Call (647) 223-1980 for a free consultation.

Frequently asked questions