Can Words Be Considered Assault in Canada? What the Law Says

The short answer to the question in the title is “maybe”. Words alone are not typically considered assault, however, they could be considered assault if you were waving around a machete while saying them to someone. The way the law is in Canada, you have to demonstrate a real threat which is believable to the person on the receiving end. So, whatever you are saying or doing, if the other person feels threatened and a reasonable person would feel that way to, there is the potential for an assault charge.

Other Charges

Keep in mind that even if your words and behaviour do not meet the threshold for assault, there is no shortage of other crimes that you can be charged with such are harassment or uttering threats or hate speech. So, do not be complacent about the ability to say nasty or threatening things to others and think that it is okay.

Context

Context is critical in evaluating threats. Something said across a room is different from something said in someone’s face with a big knife sticking out of your pocket. Also, is there a history of problems with the person being threatened? Are there lots of witnesses who can attest to you threatening or menacing someone over and over. These are aggravating factors that will not help your case.

Words matter. That is why it is in everyone’s best interest to be pleasant and not voice threatening messages even if you are thinking them. Words have a way of catching up with people. A good rule of thumb is if you cannot say anything pleasant or helpful, say nothing. And if you are accused of a criminal offence like assault, hire a lawyer as soon as possible. 

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.