Assault Causing Bodily Harm in Ontario

Section 267: The Offence Defined

Assault causing bodily harm is codified under section 267 of the Criminal Code. To secure a conviction, the Crown must prove three elements beyond a reasonable doubt:

1. The accused intentionally applied force to the complainant (or threatened to do so while having the present ability to carry it out)
2. The complainant did not consent to the application of force
3. The force caused bodily harm to the complainant

The first two elements are identical to simple assault under section 266. What elevates the charge to assault causing bodily harm is the third element — the requirement that the complainant suffered an injury that crosses the legal threshold for “bodily harm.”

What Constitutes “Bodily Harm”

Section 2 of the Criminal Code defines bodily harm 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 Supreme Court of Canada clarified this definition in R v McCraw [1991] 3 SCR 72, holding that the injury does not need to be permanent, does not need to require medical treatment, and does not need to be visible. It must simply be more than fleeting discomfort.

In practice, injuries that meet the threshold include:

• Broken bones or fractures
• Lacerations requiring stitches or medical adhesive
• Concussions or head injuries
• Dental injuries (chipped or knocked-out teeth)
• Persistent bruising lasting days or weeks
• Sprains, strains, or soft tissue damage
• Cuts that leave scarring

Injuries that typically do not meet the threshold:

• Momentary pain without visible injury
• Minor redness that resolves within minutes
• A brief sting from a slap with no lasting mark

The line between simple assault and assault causing bodily harm is often the central issue at trial. Defence lawyers challenge the Crown on whether the injury actually crosses the “more than transient or trifling” threshold — and this challenge can mean the difference between a summary offence with a maximum of 2 years and an indictable offence with a maximum of 10 years.

Assault Levels: Side-by-Side Comparison

The Criminal Code establishes three levels of assault. Each carries different maximum penalties and involves different elements of proof.

For a complete overview of all assault levels, see our guide to assault charges in Ontario. For the most serious level, see aggravated assault charges.

Penalties and Sentencing Ranges

Assault causing bodily harm is a hybrid offence. The Crown elects whether to proceed by indictment or summarily based on the severity of the case.

Indictment: Maximum 10 years imprisonment. No mandatory minimum. The Crown typically elects indictment for cases involving serious injury, a weapon, an unprovoked attack, or a prior criminal record.

Summary conviction: Maximum 2 years less a day. The Crown may proceed summarily for less serious cases — minor bodily harm, a single blow, mutual altercation, or a first offender.

In Ontario, the sentencing range for assault causing bodily harm is broad. Typical outcomes include:

• Conditional or absolute discharge — available for first offenders with minor bodily harm, where a conviction is not in the public interest. The accused is found guilty but no conviction is recorded.
• Suspended sentence with probation — common for first offenders with moderate bodily harm. Results in a criminal conviction but no jail time. Probation typically runs 12 to 24 months.
• Conditional sentence (house arrest) — available where the court would otherwise impose a jail sentence of less than 2 years and the offence does not carry a mandatory minimum. The accused serves the sentence in the community under strict conditions.
• Jail — reserved for the most serious cases: significant injury, use of a weapon, an unprovoked or sustained attack, a vulnerable victim, or a prior record for violence. First-offence sentences typically range from 30 days to 12 months. Repeat offenders or serious cases can attract sentences of 2 to 5 years.

Defences to Assault Causing Bodily Harm

Several defences are available depending on the circumstances of the case. An experienced defence lawyer will assess the evidence to determine which defences apply.

Self-Defence (Section 34)

Section 34 of the Criminal Code provides a defence where the accused believed on reasonable grounds that force was being used or threatened against them, and the force they used in response was reasonable in the circumstances. The court considers the nature of the threat, the proportionality of the response, whether the accused had other options, and the history between the parties. Self-defence is the most common defence raised in assault causing bodily harm cases.

Consent

Consent is a defence to simple assault — for example, in a consensual fist fight. However, the Supreme Court of Canada held in R v Jobidon [1991] 2 SCR 714 that consent is vitiated where bodily harm is intended and caused. This means consent is generally not available as a defence to assault causing bodily harm in the context of a street fight or bar altercation.

There are exceptions. Consent remains a valid defence for bodily harm suffered during socially useful activities — contact sports played within the rules, surgical procedures, or body modification. But these exceptions rarely apply to criminal assault charges.

No Bodily Harm

If the injury does not meet the legal threshold for bodily harm — meaning it is merely transient or trifling — the charge should be simple assault, not assault causing bodily harm. Defence lawyers challenge the Crown’s evidence on this point by scrutinizing medical records, photographs, and witness testimony about the nature and duration of the injury. If the injury was minor and resolved quickly, the bodily harm element may not be made out.

Identity

In cases involving multiple participants — bar fights, street altercations, or group confrontations — the Crown must prove that the accused was the person who caused the bodily harm. Poor lighting, alcohol, multiple participants, and conflicting witness accounts can all raise a reasonable doubt about identity.

Lack of Intent

Assault causing bodily harm requires the intentional application of force. Accidental contact — even if it results in injury — is not assault. The Crown must prove the accused meant to apply force, not that they meant to cause bodily harm specifically. But if the contact was genuinely accidental, this negates the mens rea (mental element) of the offence.

The Bail Process for Assault Causing Bodily Harm

If you are arrested for assault causing bodily harm, you will either be released by police with conditions or held for a bail hearing (also called a show cause hearing). Whether you are released by police or by a justice of the peace depends on the severity of the offence, your criminal history, and whether there are concerns about public safety or the risk of the accused contacting the complainant.

Standard bail conditions for assault causing bodily harm include:

• No direct or indirect contact with the complainant
• No attendance at the complainant’s home, workplace, or school
• Weapons prohibition
• Reporting to a bail supervisor (in some cases)
• A surety — a responsible person who pledges to supervise the accused and pay a specified amount if the accused breaches conditions
• Abstention from alcohol or drugs (if substances were involved in the offence)

Bail conditions remain in effect until the case is resolved. Breaching any condition is a separate criminal offence under section 145 of the Criminal Code and will significantly weaken your position on the underlying assault charge.

Sentencing for First-Time Offenders

Courts approach first-time offenders differently than repeat offenders. For a first offence of assault causing bodily harm, the court weighs several factors:

• Severity of injury. A single punch resulting in a bruise is treated differently from a sustained beating that causes a broken jaw. Medical evidence documenting the extent of the injury is central to sentencing.
• Circumstances of the offence. Was the assault provoked or unprovoked? Was it a mutual altercation or a one-sided attack? Did it occur in public or in a domestic setting?
• Use of a weapon. Any assault involving a weapon — even an improvised one like a bottle or chair — is treated more seriously and will likely attract a custodial sentence.
• Victim vulnerability. Assaults against children, elderly persons, or persons with disabilities are treated as aggravating.
• Remorse and rehabilitation. Voluntary completion of anger management, counselling, or community service before sentencing demonstrates rehabilitation and supports a more lenient sentence.
• Collateral consequences. Courts consider the impact of a criminal record on employment, professional licensing, immigration status, and travel. These consequences weigh in favour of a discharge or non-custodial sentence.

For first-time offenders charged with assault causing bodily harm, the full range of outcomes — from discharge to jail — is available. The case for a non-custodial sentence is strongest when the injury is at the lower end of bodily harm, the offence was out of character, and the accused has taken proactive steps toward rehabilitation. For more on first-offence outcomes, see our guide to first-time assault charges in Ontario.

Impact on Criminal Record and Immigration

A conviction for assault causing bodily harm results in a criminal record that appears on CPIC (Canadian Police Information Centre) checks. This record affects employment opportunities, professional licensing, volunteer work, and international travel.

The immigration consequences are particularly serious. Under the Immigration and Refugee Protection Act (IRPA):

• Foreign nationals are inadmissible to Canada if convicted of an offence punishable by a maximum of 10 years or more — which includes indictable assault causing bodily harm
• Permanent residents can face a removal order if convicted of an offence punishable by more than 6 months of imprisonment
• US travel — a conviction for assault causing bodily harm will likely render you inadmissible to the United States, as U.S. Customs and Border Protection screens for crimes involving moral turpitude

For anyone with immigration concerns, the difference between a conviction and a non-conviction outcome (peace bond, withdrawal, or discharge) is critical. A peace bond results in charges being withdrawn — no conviction, no criminal record, and no immigration consequences. A discharge avoids a conviction but the finding of guilt may still need to be disclosed in some immigration contexts.

Resolution Without Trial

Many assault causing bodily harm charges are resolved before trial through negotiation with the Crown. Possible resolutions include:

• Peace bond (charges withdrawn). The accused enters into a recognizance to keep the peace for 12 months. The charge is withdrawn. No conviction, no criminal record. Peace bonds are more common when the injury is minor, the complainant supports the resolution, or the evidence has weaknesses.
• Reduced charge. The Crown withdraws the assault causing bodily harm charge and the accused pleads guilty to simple assault (section 266). This opens the door to a discharge or a less severe sentence.
• Withdrawal. If the evidence is insufficient — the complainant will not testify, the injury does not meet the bodily harm threshold, or there is a strong defence — the Crown may withdraw the charge entirely.

The strength of the defence — self-defence, identity issues, consent, or evidentiary weaknesses — directly influences the Crown’s willingness to resolve the case short of trial. A thorough review of the disclosure by a defence lawyer is essential to identifying these opportunities.

What You Should Do If You Are Charged

If you have been charged with assault causing bodily harm, these steps will protect your interests:

1. Comply with all bail conditions. Do not contact the complainant under any circumstances. A breach creates new charges and eliminates most negotiating leverage.
2. Do not give a statement to police. You have the right to remain silent. Anything you say will be used against you. Exercise that right until you have spoken with a lawyer.
3. Retain a criminal defence lawyer immediately. Assault causing bodily harm is a serious charge with a maximum of 10 years imprisonment. The earlier your lawyer reviews the disclosure, the more options are available for resolution.
4. Start counselling proactively. Voluntarily enrolling in anger management or conflict resolution counselling demonstrates initiative and supports both resolution negotiations and sentencing submissions.