L'infraction de voies de fait est définie de manière large et peut englober toutes sortes de contacts ayant lieu dans une relation conjugale. Ceci inclut toute situation dans laquelle une personne, sans le consentement de l'autre personne, applique intentionnellement...
The offence of assault is widely defined and can capture all kinds of contact that occur in a domestic relationship. It includes any circumstance where a person, without the consent of the other person, applies force intentionally to that person, directly or...
Assault charges can arise out of any number of circumstances, such as an argument with a domestic partner, a dispute with a neighbour, or a fight outside a bar. The offence of assault is widely defined. It includes any circumstance where a person, without the...
If you have been charged with a violent offence, such as assault, assault with a weapon, aggravated assault or even murder, the defence of self-defence may be available to you. New self-defence provisions came into force in March 2013. The relevant section of the...
In Canada, there is no offence called "stalking." Instead, it is known as criminal harassment. Charges most frequently arise in cases where there has been a bad break up and one spouse continues to attempt to communicate with the other. Section Subsections 264 (1) and...
One of the most common defences to an allegation of sexual assault is that the complainant consented to the sexual activity. It must be remembered that you are presumed innocent and the prosecutor must prove that you are guilty beyond a reasonable doubt. This means...
The offence of forcible confinement can sometimes arise in the context of domestic disputes. The principles relating to the offence of unlawful confinement can be summarized as follows: (1) the act of the offence involves: (a) an actual confinement whereby the...
At one point in time the law seemed clear that consent could not be a defence to an assault charge that aroes out of a fist fight where injury resulted. The courts said there was little value in encouraging post bar brawls by allowing such a defence. But over the...
Two people meet at a party. The drinks are flowing. They are both buzzing and their inhibitions are lowered. Sex occurs that night but the next morning one of the two says she didn't consent. The police become involved and show up the other person's house to arrest...
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