Understanding Civil Assaults in Canada: Definitions, Rights, and How to Take Action
When facing the aftermath of an assault, victims often discover they have more legal options than initially understood. While criminal proceedings focus on punishment, civil assaults provide another avenue for seeking justice and compensation. In civil law, assault claims allow victims to pursue monetary compensation directly from the person who caused their injuries. In some circumstances, a defendant’s insurer may defend them against the civil assault claim and may pay compensation for harms a victim has suffered.
What Constitutes Civil Assault in Canada?
In Canada, civil law defines assault as the threat by one person to make unwanted physical contact with another person. Crucially, civil assault can occur without any physical harm. Instead, the focus is on whether the victim experienced a reasonable fear of imminent harmful contact.
Assault vs Battery
Understanding the difference between these two claims is essential, especially when first filing your case.
- Assault: The threat or fear of harmful contact.
- Battery: The actual unwanted physical contact between one party and another.
When speaking with your civil assault lawyer, they can explain these definitions further to help you understand which is relevant to your case.
Civil Assault vs Criminal Assault
While both these claims deal with one party harming another, civil and criminal assaults operate differently in a legal context. Some key differences between criminal and civil assaults include:
- Process: Criminal assault cases are brought by the Crown with the goal of punishing the offender and maintaining public order. Civil assault claims are initiated by victims seeking compensation for their personal injuries and losses.
- Legal frameworks: Criminal assaults are governed by the Criminal Code of Canada, while civil assault claims rely on tort law.
- Burden of proof: While criminal cases require the court to find an individual guilty “beyond a reasonable doubt,” a civil claim only requires that the defendant is more likely than not to have committed the assault. In other words, the burden of proof is lower in civil claims.
- Results: Criminal assault charges can include prison sentences or a criminal record, while civil charges are typically limited to monetary compensation.
Crucially, you can still sue someone for civil assault even if criminal charges are dismissed. While they may not be convicted of a crime, you can still seek monetary compensation for pain and suffering, missed wages, and other damages for the financial impact of the assault.
Suing for Civil Assaults in Canada
Civil assault lawsuits generally follow the same framework as other civil lawsuits in Canada. If you choose to pursue legal action as a plaintiff, here is how civil assault lawsuits work:
- Early resolution: Sometimes, depending on the parties and claims involved, assault claims can be settled without having to start a lawsuit. A victim generally has only two years from the date of the assault to commence a claim, so if the claim is not resolved in the first two years, a lawsuit should be filed.
- Your case is filed: As the plaintiff, you will file a Notice of Civil Claim with the court, which details the complaint and types of compensation you seek through legal action. The defendant then normally files a Response to Civil Claim.
- The evidence is examined: This process helps clarify the claim and fully understand what evidence each side plans to use in court. At this point, documents and other information is exchanged, and the parties can start negotiating and reach an agreement early, if possible.
- Trial begins (if required): The plaintiff must present the facts and support the claims against the defendant. In a civil trial, the plaintiff has to prove that it is more likely than not that the defendant assaulted them and that the assault caused them to suffer losses.
Contact a Personal Injury Lawyer Today
If you are a victim of interpersonal violence, sexual assault or physical assault, Rice Harbut Elliott LLP (RHE Law) is here to help. We have decades of collective experience prosecuting claims against both individuals and institutions and are proud to offer comprehensive support for our clients as they navigate their personal injury claims. Call us today to schedule your free and confidential legal consultation.