The term “Battery” doesn’t exist in Canada, despite what American TV shows suggest. The term exists in U.S. law, where assault means threatening harm and battery means actual physical contact.
Canada eliminated this confusing split back in 1892 by merging everything into one straightforward charge: assault.
This matters if you’re facing charges. Understanding the real law helps you build a stronger defence. The Criminal Code of Canada treats a raised fist and an actual punch identically under Section 265.
Whether you’re in Saskatoon, Regina, or anywhere across Saskatchewan, courts follow this unified approach.
This guide breaks down what assault actually means under Canadian law, from simple bar fights to aggravated assault cases, and explains the defence strategies that work in courtrooms.
Why There Is No “Battery” Charge in Canada
The phrase “assault and battery” fills American TV courtroom dramas.
U.S. law splits these into two separate offences. Assault means threatening someone with harm. Battery means the actual physical contact.
This division traces back to early English common law, where lawyers could file separate civil and criminal claims for each act.
Canada chose a different path when drafting the Criminal Code in 1892. Sir John Thompson, who led the drafting process, merged assault and battery into one unified charge.
The goal was to prevent legal games where defendants escaped on technicalities about whether they threatened or touched someone. This consolidation emphasized protecting victims uniformly rather than splitting hairs over contact versus threat.
Saskatchewan prosecutors in Saskatoon or Regina never file “battery” charges, even for punches or slaps.
A raised fist signalling violence carries the same legal weight as landing that punch. Both violate Section 265’s core principle: intentional interference with bodily integrity.
Defence lawyers gain an advantage by attacking this unified definition holistically rather than debating whether contact occurred. You can question intent, consent, or whether the force was reasonable across the entire incident.
When Canadians use the word “battery,” they usually mean assault. The legal term throughout the Criminal Code of Canada is always assault, regardless of whether actual physical contact happened.
The Levels of Assault: Criminal Code of Canada Reference
Assault charges escalate based on the severity of harm, weapon involvement, or sexual elements.
All assault types stem from Section 265‘s foundational definition: any intentional application of force without consent, or threats that create reasonable fear of force.
The Criminal Code treats most assault offences as hybrid, meaning Crown prosecutors can choose between summary conviction (lighter penalties, faster resolution) or indictable proceedings (harsher penalties but more defence opportunities through preliminary inquiries).
| Offence | Criminal Code Section | Maximum Penalty (Indictable) | Summary Maximum |
| Simple Assault | Section 266 | 5 Years Imprisonment | 2 Years Less a Day |
| Assault with a Weapon / Bodily Harm | Section 267 | 10 Years Imprisonment | 18 Months |
| Aggravated Assault | Section 268 | 14 Years Imprisonment | N/A (Straight Indictable) |
| Sexual Assault | Section 271 | 10 Years (Life if Aggravated) | 2 Years Less a Day |
Saskatchewan judges factor in prior criminal records, victim vulnerability (elderly victims, children), and context like alcohol-fueled fights when determining sentences. Courts often mandate peace bonds before trial to prevent further contact between the accused and the complainants. Understanding which level of assault you’re charged with shapes your entire defence strategy and determines what penalties you face.
Simple Assault (Section 266): More Than Just a Fight
Section 266 covers far more ground than most people realize.
Any non-consensual force qualifies as simple assault, whether direct or indirect. Direct force includes shoving, spitting, or slapping. Indirect force includes throwing objects at someone or knocking items out of their hands.
You can face assault charges without ever touching someone. Section 265 of the Criminal Code includes threats that create “reasonable apprehension of imminent harmful force.”
A clenched fist while advancing toward someone qualifies. Verbal threats backed by proximity and ability to follow through meet this standard. The person needs to genuinely fear that force is about to happen right now, not at some vague future time.
Courts interpret “imminent” strictly. Distant yelling across a parking lot rarely counts as assault. Workplace confrontations where someone grabs your arm or road rage incidents with aggressive gestures typically cross the threshold.
Saskatchewan sees spikes in simple assault charges from holiday parties and hockey rinks, where “playful” physical contact turns criminal without clear consent.
Building Your Defence
The keyword in assault law is “reasonable.”
Was the complainant’s fear objective and warranted, or influenced by personal bias?
Body camera footage or witness testimony often contradicts the alleged victim’s version of events. Defence strategies examine whether the threat was actually immediate or whether the complainant exaggerated minor contact.
Charter arguments under Section 9 (arbitrary detention) or Section 10(b) (right to counsel) can exclude evidence, especially when Regina or Saskatoon police rush arrests without proper grounds.
Early intervention by assault lawyers in Saskatchewan can secure diversion programs for first-time offenders, avoiding a criminal record entirely.
Serious Assault Charges: Sections 267 & 268
Assault charges become serious when weapons get involved, injuries require medical attention, or someone’s life is put at risk.
These cases carry prison sentences measured in years rather than months, and the legal strategies required are far more complex than simple assault defences.
Assault with a Weapon or Causing Bodily Harm
Section 267 targets escalated situations involving weapons or bodily harm.
The Criminal Code’s definition of weapons extends beyond obvious items like guns, knives, and baseball bats. Courts recognize that anything used as a weapon qualifies, including chairs, bottles, or vehicles.
According to JIBC’s police guide on Criminal Code offences, “bodily harm” requires more than fleeting pain.
Courts look for injuries like stitches, sprains, limiting work capacity, or psychological trauma with physical manifestations.
A split lip or lasting bruise clears the “more than transient or trifling” standard established in case law. Choking charges have increased following heightened awareness of domestic violence.
Courts infer harm from airway interference alone, regardless of whether visible injuries appear.
Aggravated Assault
Aggravated assault represents the most serious non-sexual assault charge in the Criminal Code.
This charge applies when someone is wounded (major lacerations requiring extensive medical treatment), maimed (permanent loss of body function, like losing fingers or vision), disfigured (permanent scarring that affects appearance), or their life is endangered (head stomping, strangulation to unconsciousness, stabbings).
Section 268 is a straight indictable offence with no summary option.
The severity means you’re looking at potential federal prison time if convicted. These cases trigger judicial pre-trials in Saskatchewan, where Crown and defence lawyers meet with a judge to discuss the case before trial.
Defence strategies involve dissecting forensic evidence piece by piece. CT scans that show no life endangerment or toxicology reports proving mutual intoxication can reduce charges to lesser offences.
Cases involving repeat offenders or gang connections approach maximum penalties.
Firearms involvement triggers mandatory minimum sentences that judges cannot reduce, regardless of circumstances. Defence approaches include severing co-accused trials to prevent guilt by association or negotiating plea agreements to lesser included offences like mischief or simple assault.
Defending Your Rights in Saskatchewan Courts
Assault charges become serious when weapons get involved, injuries require medical attention, or someone’s life is put at risk.
These cases carry prison sentences measured in years rather than months, and the legal strategies required are far more complex than simple assault defences.
Self-Defence Under Section 34
Section 34 of the Criminal Code allows the use of reasonable force in self-defence, but the law sets strict parameters.
You must genuinely believe the force was necessary to protect yourself. The force you used must be proportional to the threat you faced. Courts apply an objective reasonableness test, asking whether a reasonable person in your situation would have acted similarly.
You don’t need to retreat from your own home before defending yourself, but proportionality always matters.
Using a baseball bat against someone with bare fists typically fails the proportionality test. Continuing to hit someone after they’re no longer a threat crosses from lawful self-defence into criminal assault.
The Consent Defence and Its Limits
Consent can eliminate assault liability in specific situations, but Canadian law sets strict boundaries.
The Supreme Court’s decision in R. v. Jobidon (1991) established that consent doesn’t apply to serious bodily harm outside regulated activities like sports. Bar fights don’t qualify for the consent defence even if both parties agreed to fight beforehand.
Public policy protects bodily integrity over private agreements to harm each other.
Minors cannot legally consent to assault under any circumstances. Intoxication often invalidates consent as well, particularly in cases where one party was significantly impaired and couldn’t make informed decisions.
Charter Rights Challenges
An experienced charter lawyer examines the Charter tactics on how police gathered evidence against you.
Section 8 protects against unreasonable search and seizure. Saskatoon police strip searches without proper justification violate this right.
Section 7 protects against coerced statements and police tactics that shock the conscience. Evidence obtained through Charter violations can be excluded under Section 24(2), often leading to charges being dropped entirely.
Defence lawyers experienced in provincial court hybrid offences push for summary conviction elections rather than indictable proceedings. This reduces maximum penalties significantly.
Stays of proceedings through abuse of process arguments work particularly well when complainants recant statements amid family pressures or relationship reconciliation attempts.
Defending Assault Charges Across Saskatchewan
Assault cases in Saskatchewan require understanding how courts operate differently across the province’s diverse geography.
Urban centers handle cases differently from rural circuit courts, where local knowledge and community dynamics play a larger role.
Effective cross-examinations expose questionable motives behind charges.
Ex-partners sometimes exaggerate minor physical contact into assault charges during custody disputes, and phone data timelines or expert reconstructions frequently contradict complainant testimony when examined closely.
Saskatchewan judges consider employment history, genuine remorse, and completed counselling programs when determining appropriate sentences.
Alternative Measures Programs divert approximately 30% of simple assault cases toward restorative justice solutions rather than criminal convictions.
These programs allow first-time offenders to avoid permanent records through community service and victim reconciliation processes, providing a second chance without the lifelong consequences of a criminal record.
If you’re facing assault charges in Saskatchewan, call (306) 502-5987 for a free consultation
