TOPIC #6 - Domestic Assault in Canada

 

 

What is a Domestic Assault?

A domestic assault can be defined as an assault (see Topic 5 - Criminal Assault In Canada) that takes place between two people who are either currently or formerly dating or in a common law or married relationship. Where an assault takes place between two people who share one of these relationships mentioned above, the mater is labelled “domestic” and prosecuted quite differently by Crown counsel than other assault charges.

According to the “Crown Policy Manual”, a document provided by the Attorney General, detailing how Crown counsel are to perform their duties, “Crown Attorneys should prosecute domestic violence offences as vigorously as other serious criminal matters”.
 

Although not classified differently in the Criminal Code, in many jurisdictions, domestic assaults are separately identified and prosecuted by a special team of Crowns who almost exclusively deal with these types of allegations.

Internal police policies dictate that in almost all situations, the police are to charge a person alleged to have assaulted another in a domestic context, regardless of whether or not independent proof of the crime exists such as visible injuries or independent witnesses to the offence. A person’s word is enough to bring another into the criminal justice system.

At the court stage, the Crown will usually move forward with a prosecution in cases where there is a "reasonable prospect of conviction". It is of little importance to the Crown Attorney that the person making the complaint does not wish the matter to proceed to trial. In domestic situations, a complainant does not have the choice to “press charges” or not. If a complaint of domestic violence is made, the police will arrest and charge the person accused of the offence and the Crown will likely prosecute them regardless of the complainant’s wishes to halt the prosecution.

Typically, those charged with a domestic offence are held for a bail hearing, whether or not they are otherwise upstanding citizens without previous criminal involvement. Those charged with domestic offences are also likely to be put on strict bail conditions likely restricting their contact with the complainant even if the complainant wishes to have contact with them. The accused person will also likely be required to remain away from their residence, regardless of legal ownership, if the complainant continues to reside there. Conditions such as these remain for as long as the criminal charge is before the court.
 

Can I Change My Bail Conditions?

While it is sometimes possible to change the conditions of bail, the process by which a bail is amended is often lengthy, complex and costly. For details on how to change a bail condition (see Topic 4- How Can I Change My Bail Conditions).

There are many ways to defend against an allegation of domestic assault without pleading guilty. Every allegation is different and it is important to discuss with a lawyer what options are available to you before you walk into a courtroom for the first time.

Call me at 416.297.7200 to arrange a free consultation to discuss your specific situation so that I can provide sound legal advice that suits your needs and objectives.
 

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