Back To The Homepage Wife Assault Information
Prepared by Haldimand-Norfolk Justice for Women Review Team
Criminal Code Provisions
Assault
s. 265 (1) A person commits an assault when
a) without consent of another person, he applies force intentionally to that other person, directly or indirectly;
b) he attempts to threaten, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or
c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Criminal Harassment (Anti-Stalking)
264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. (2) The conduct in subsection (1) consists of,
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
Uttering Threats
264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person.
Sexual Assault
Any form of sexual contact without voluntary consent. Forced kissing, bum pinching, forced intercourse and oral sex are all examples of sexual assault if there was no consent*.
271. Sexual Assault
272. Sexual Assault with a Weapon, Threats to a Third Part of Causing Bodily Harm
Everyone who, in committing a sexual assault,
(a) carries, uses or threatens to use a weapon or an imitation thereof,
(b) threatens to cause bodily harm to a person other than the complainant,
(c) is a party to the offence with any other person.
273. Aggravated Sexual Assault
Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.
Meaning of *Consent
273.1 Consent means the voluntary agreement of the complainant to engage in the sexual activity in question.
(2) No consent is obtained ... where
(a) the agreement is expressed by the words or conduct of a person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or,
(e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity...
Spouse May be Charged
278. A husband or wife may be charged with an offence under s.271, 272, or 273 in respect of his or her spouse, whether or not the spouses were living to together at the time the activity that forms the subject matter of the charge occurred.
Reasonable Grounds
A set of circumstances which would satisfy an ordinary, cautious, and prudent person that there is no reason to believe an offence has been committed. The belief must go beyond mere suspicion.
Reasonable Grounds can be established by obtaining witness statements from the victim, children, or neighbours who saw or heard anything in relation to the incident. The existence of physical injuries and/or by the presence of other physical evidence such as broken or damaged furniture, telephones, or other signs of disturbance will also be taken into account.
Peace Bonds
Anyone who fears that another person (regardless of marital status) will cause personal injury to him/her or his/her property, may begin a process to obtain a peace bond before a Justice of the Peace. Call to make an appointment using the numbers found under the "Support Services" list.
Peace bonds can be used when no other action has occurred that would allow police to intervene on behalf of the victim. Breach or violation of a peace bond is a criminal offence and may result in a charge being laid by the police. Individuals may also appear before a Justice of the Peace to lay a charge.
Restraining Orders
In addition to criminal charges, it is possible to take other steps if you are having difficulty with a spouse or former spouse. A restraining order is an order issued by a judge in court which can prohibit a spouse, or former spouse from molesting, annoying, harassing or communicating with his or her spouse, former spouse, or the children in his or her lawful custody. The court may also set terms related to communication or contact.
The police cannot assist you in obtaining this type of order. To do so you should consult a lawyer to apply through the court to receive the order you need. Once you have obtained a restraining order, police officers may arrest people believed, on reasonable grounds, to have violated the restraining order.
Exclusive Possession of the Matrimonial Home
Under the Family Law Act (s. 24), orders can also be obtained from the court for exclusive possession of the matrimonial home. Breaches of orders for exclusive possession can also result in an arrest by the police.
Immigration Status
Your immigration status in Canada will not automatically be affected by separation, divorce, or police intervention. If you have questions concerning your status, call the Citizenship & Immigration Canada enquiries line at 1-888-242-2100 or get independent legal advice from a lawyer specializing in Immigration Law.
Legal Advice
If you find yourself in need of a lawyer, the Lawyer Referral Service may help you find one in your area who specializes in the particular field that you need:
The Lawyer Referral Service 1-800-268-8326
Dial-a-Law 1-800-387-2992
Ontario Legal Aid Plan
See "Support Services" for local numbers
Wife Assault & the Criminal Justice System Video Series
Aspects of the criminal justice system as it relates to wife assault is explained by Crown Attorney John Ayre. Arrangements can be made to view these tapes at the following locations: Simcoe Court House, the public libraries, Women's Services, R.E.A.C.H., Quetzal Family Homes, & the police stations.
How to Obtain Copies of an Offender's Probation Order
Call ahead to the Simcoe or Cayuga court support services & provide the offender's name & conviction date. Upon pick-up a $1 - $2/page will be charged.
Emergency Services
Haldimand-Norfolk Women's Services
Women's Shelter (519) 426-8048
Sexual Assault Services Or
24 Hour Crisis 1-800-265-8076
TTY 1-800-815-6419
Haldimand-Norfolk Regional Police
Simcoe Area (519) 426-1212
Caledonia/Hagersville (905) 765-4481
Dunnville (905) 774-7666
Ontario Provincial Police
24 Hour 1-888-310-1122
911
Victim Crisis Assistance & Referral Service (VCARS) contact through police
Hospitals
Simcoe (519) 426-0750
Hagersville (905) 768-3311
Dunnville (905) 774-7431
Support Services
Haldimand-Norfolk Women's Services
Counselling/Information (519) 426-8048
or
1-800-265-8076
Quetzal Family Homes
Second Stage Housing (519) 428-7596
Ganohkwa Sra (24 hours)
Family Assault Support Services (519) 445-4324
Mennonite Help Centre (519) 875-4601
R.E.A.C.H.
Counselling (519) 587-2441
(905) 772-3418
1-800-265-8087
Children's Aid Society (519) 426-4290
1-800-CAS-KIDS
Information Centre
Simcoe (519) 426-6655
1-800-267-9434
Legal
Crown Attorney
Simcoe (519) 426-5920
Cayuga (905) 772-5043
Probation and Parole (519) 426-4250
Justice of the Peace
Simcoe (519) 426-6551
Cayuga (905) 772-5043
Provincial Court
Simcoe (519) 426-6550
Cayuga (905) 772-3335
Legal Aid
Norfolk (519) 426-5780
Haldimand (905) 768-1312
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