Section 266 of the Criminal Code: Assault Explained
Assault is defined in section 265 and punished under section 266. The definition is much broader than most people assume — no injury is required, and in many cases no contact is required either.
Section 266 makes assault an offence punishable by up to five years on indictment, or summarily. The conduct itself is defined by section 265: applying force intentionally without consent, or attempting or threatening to apply force with the apparent present ability to do so.
What Does Section 265 Say Assault Is?
Section 265(1) sets out three ways to commit an assault. A person commits assault when, without the consent of another person, they intentionally apply force to that person, directly or indirectly. They also commit assault when they attempt or threaten, by an act or a gesture, to apply force — if they have, or cause the other person to believe on reasonable grounds that they have, the present ability to carry it out. The third branch covers accosting or impeding a person, or begging, while openly wearing or carrying a weapon or an imitation.
Two consequences follow, and both surprise people. No injury is required: the slightest intentional non-consensual touching can be an assault. And under the second branch, no contact is required at all — a raised fist with the apparent ability to strike is enough.
Section 265(2) provides that the section applies to all forms of assault, including sexual assault and its aggravated forms. The definition of assault is therefore the foundation of a large part of the Code.
What Does Section 266 Actually Punish?
Section 266 is the punishment provision. Everyone who commits an assault is guilty of an indictable offence liable to imprisonment for not more than five years, or of an offence punishable on summary conviction.
It is a hybrid offence, so the Crown elects. That election matters: it determines the maximum, the court, whether there is a preliminary inquiry, and how long the record disclosure rules run.
| Section | Offence | Maximum |
|---|---|---|
| s. 266 | Assault | 5 years indictable, or summary |
| s. 267 | Assault with a weapon or causing bodily harm | 10 years indictable, or summary |
| s. 268 | Aggravated assault | 14 years, indictable only |
Section 268(1) defines aggravated assault as wounding, maiming, disfiguring or endangering the life of the complainant. It is the only one of the three with no summary option.
When Does Consent Stop Being a Defence?
Consent is built into the definition — force applied with consent is not an assault. But section 265(3) removes consent in defined circumstances: where the complainant submits or does not resist by reason of the application of force to them or another person, threats or fear of the application of force, fraud, or the exercise of authority.
Consent given out of fear is not consent. Consent obtained by deceit is not consent. And consent given because of someone's authority over you is not consent.
Separately, the common law limits consent to force that causes bodily harm, which is why consent is generally unavailable as an answer to a serious fistfight, even one both people agreed to.
How Does Self-Defence Interact With Assault?
Section 34 provides that a person is not guilty of an offence if they believe on reasonable grounds that force or a threat of force is being used against them or another person, the act is committed for the purpose of defending themselves or that other person, and the act committed is reasonable in the circumstances.
Section 34(2) then lists the factors a court must weigh in deciding whether the act was reasonable, including the nature of the threat, whether weapons were involved, the relative size and age of the parties, and the history between them.
Self-defence is not an admission of anything. It is a complete answer to the charge where it applies, and the Crown must disprove it beyond a reasonable doubt once it is properly in issue.
Frequently asked questions
Browse every answer on this siteYes. Section 265(1)(b) covers attempting or threatening by an act or gesture to apply force, where you have or appear to have the present ability to do so. No contact is required.
No. Section 265(1)(a) requires only the intentional application of force without consent. Injury moves the charge up to section 267 or 268, but it is not needed for section 266.
Five years on indictment. Where the Crown proceeds summarily the maximum is two years less a day, under the general summary conviction penalty in section 787(1) as raised in 2019. There is no mandatory minimum either way, so a discharge remains available.
No. Section 265(3) removes consent obtained through force, threats, fear, fraud or the exercise of authority, and the common law limits consent to force intended to cause bodily harm.
Section 268 defines aggravated assault as wounding, maiming, disfiguring or endangering life. It carries 14 years and cannot be prosecuted summarily, unlike section 266.
Facing This Charge Yourself?
This page explains the law. If the question is what happens in your own case, these are the places to go next.
Other Parts of the Law Explained
- s. 271 — Sexual assault
- s. 320.13 — Dangerous operation
- s. 320.14 — Impaired operation
- Summary, indictable and hybrid
This page is general information about Canadian law, not legal advice, and reading it does not create a lawyer-client relationship. Statutes are amended; provisions are described as at the consolidation reviewed when this page was written.
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