Assault with a weapon charges in Canada

When most people think of weapons they think of guns and knives. In the Toronto area most domestic assault with a weapon cases involve regular household items. This is because virtually any object is legally considered a weapon under Criminal Code Section 267 if it is used or held during an assault or at the time a threat is uttered (even a pillow could be a weapon).

In the domestic context, the weapon is most often things like:

1. Cell phones
2. Cutlery and dishes
3. Bottles (often alcohol)
4. Sticks
5. Hammers
6. Appliances
7. Remote controls
8. Bats, hockey sticks, golf clubs

Sometimes sharp objects such as kitchen knives, box cutters, and needles are also used. The more dangerous the “weapon” being used is, the more aggravating the case is considered.

Assault with a weapon cases often arise in cases where there is no injury whatsoever to the victim

Arguments get heated and sometimes an accused in the course of assaultive behaviour will be holding a household item as a weapon without any intent to actually use it. As such there is no injury and sometimes no contact with the victim whatsoever. They are still, however, charged with the aggravating offence of assault with a weapon instead of a common assault. These individuals would likely only face a common assault charge had they not had an item in their hand and instead slapped, pushed, or grabbed their partner (although all forms of domestic assault charges are serious).

Cases resulting in injuries to the victim

If the victim is injured as a result of the incident, the Police may include the offence of assault causing bodily harm. Common injuries include bruising, redness, and sometimes minor cuts to the victim. Sometimes it is hard to determine whether the mark/redness was caused by the incident itself or something unrelated. The police will photograph and visible injuries to use as evidence against the accused. Obviously, the worse or more permanent the injury, the more harshly the defendant will be prosecuted.

US Travel implications

Another important consideration is that while a common simple assault (s. 266) is normally not considered a moral turpitude offence by US Customs, the more aggravating charges of assault with a weapon, assault causing bodily harm, and uttering threats are. As such accused individuals may be denied entry at the border if the additional charges are included. It is the job of the person’s lawyer to do everything possible to have the moral turpitude offences dropped so that the defendant can travel freely.


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Are you a lawyer? If you are defending a domestic assault/uttering threats/mischief related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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