CanadaWhat is assault causing bodily harm and what penalties apply?
Assault causing bodily harm is a criminal offence under section 267 of the Criminal Code where a person assaults another and causes 'bodily harm' — defined as any hurt or injury interfering with health or comfort. It is always an indictable offence, punishable by up to 10 years in prison.
What the Law Says
Section 267 of the Criminal Code defines assault causing bodily harm as a distinct and serious form of assault that involves actual physical injury beyond mere offensive contact.
To be convicted of assault causing bodily harm, the Crown must prove beyond a reasonable doubt that: (1) the accused committed an assault (i.e., applied force intentionally, attempted or threatened to apply force, or accosted or impeded another while openly wearing or carrying a weapon); and (2) that assault caused 'bodily harm'.
'Bodily harm' is legally defined in section 2 of the Criminal Code as 'any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.' This means scratches, bruises, sprains, or concussions may qualify — but momentary pain or fleeting discomfort usually does not.
Unlike simple assault (s. 266), which can be prosecuted either way (summary or indictable), assault causing bodily harm under s. 267 is *only* an indictable offence — meaning it carries more serious procedural consequences and higher penalties.
Statutory TextEvery person who commits an assault causing bodily harm is guilty of an indictable offence.
— Criminal Code, s. 267 — Assault causing bodily harm
What to Do
Contact a criminal defence lawyer immediately — do not speak to police without legal advice.
Preserve any evidence (e.g., medical records, photos of injuries, witness contact info).
Attend all court dates; missing one may result in a warrant.
Consider whether alternative measures (e.g., restorative justice) may be available — though rare for s. 267 offences.
If convicted, understand that a criminal record will affect employment, travel, and immigration status.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.