Both the Parole Board of Canada (PBC) and Pardon Services Canada find that Assault was among the top 10 offences on Record Suspension applications, coming in at number 4, in 2013. The PBC reports that between January 1, 2013 and December 31, 2013, a total of 6,730 Pardons were granted and 9,493 Record Suspensions were ordered (New government legislation changed the term Pardon to Record Suspension on March 12, 2012.) With a total of 36,743 offences included on the files, some with multiple offences, Assault made up 2,234 of the total applications received by the Board.
What is assault in the Criminal Code
According to Section 266 of the Criminal Code of Canada, everyone who commits an Assault is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years; or an offence punishable on summary conviction. This applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, domestic and aggravated sexual assault. For the purposes of this section of the Criminal Code, no consent is obtained where the complainant submits or does not resist by reason of (a) the application of force to the complainant or to a person other than the complainant; (b) threats or fear of the application of force to the complainant or to a person other than the complainant; (c) fraud; or (d) the exercise of authority.
It is considered an assault when a person attempts to apply force or just threatens to apply force without the consent of the other person. Although an injury does not have to occur in order for the action to be considered an assault, the force used needs to be offensive in nature and used with an intention to apply. That means that the types of assault defined by the Criminal Code of Canada may range from tapping, pinching or pushing someone with intent and without their consent, to the use of a weapon that results in serious injuries.
What can you do?
Many individuals have an Assault charge on their criminal record and have had many years pass without any further offences. However, having an Assault conviction can continue to hinder travel, obtaining a job, or volunteering. At Pardon Services Canada, we are here to help. Our specially trained team of Client Advisors and Record Suspension & Waiver Specialists are trained to guide you through the Record Suspension process. Give us a call, book a free consultation or apply online. Don’t let your past limit your future.
To see the other most common offences requiring a Record Suspensions, click here