Partner Assault Information

Prepared by Haldimand & Norfolk Justice for Women Review Team

 

Criminal Code Provisions - Assaults

265 (1) A person commits an assault when:

a) without consent of another person, he applies force intentionally to that other person, directly or indirectly;

b) he attempts to threaten, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or

c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

 

Criminal Harassment (Anti-Stalking)

264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection

(2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. (2) The conduct in subsection (1) consists of,

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

 

Uttering Threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat;

(a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or

(c) to kill, poison or injure an animal or bird that is the property of any person. Any form of sexual contact without voluntary consent. Forced kissing, bum pinching, forced intercourse and oral sex are all examples of sexual assault if there was no consent*.