If an assault happens in British Columbia—and there are many different types of assault—it does not matter if it happens at a bar or a party or in the street or at home. Assault is assault. So, when we talk about what your rights are, it depends on whether you are the victim of an assault or the person who perpetrated or is accused of perpetrating the assault. Let’s look at those two cases one by one.
First of all, under Canadian law, domestic assault is not in a special category. There are many types of assault, but domestic assault simply means one of the designated categories that already exist as it applies to family members. In other words, any type of assault may also be domestic assault.
In Canadian law, “weapon” has a broad definition. The definition relies on what something was used for or what the intent was behind using something (as a weapon). In other words, if an aggressor threatens to use something to cause injury or harm or did use something to cause injury or harm or threatened to use something to cause injury or harm or the victim reasonably believed that something was going to be used against him or her to cause injury or harm, then it may be defined as a weapon.
The intersection of criminal law, mental health, and substance use is one of the most complex areas of the Canadian justice system. When an individual faces an assault charge in Surrey or anywhere else in British Columbia, the circumstances surrounding the incident are rarely black and white. Often, underlying struggles with mental illness or addiction are woven into the fabric of the event.
Understand the legal implications of assault at school for parents and teens in Surrey, BC. Learn about charges, consequences, and when to seek criminal defence legal counsel.
In Canada, Assault With a Weapon refers to the criminal offence in section 267(a) of the Criminal Code of Canada. It is a crime that is more serious than plain assault (and carries a heavier penalty) but not as serious as aggravated assault. So, assault with a weapon lies somewhere between these other two offences.
