Key Takeaways:
- Rising Domestic Violence Rates in Ontario: Despite having the lowest rate in Canada, Ontario sees a consistent increase, highlighting a growing concern.
- Aggressive Legal Approach: Ontario’s zero-tolerance policy ensures strict enforcement and severe penalties for domestic assault cases.
- Evidence Dynamics: Charges often require minimal evidence, making witness testimony, physical evidence, and digital records crucial in court.
- Necessity of Legal Expertise: The complexity of domestic assault cases underscores the importance of experienced legal representation to navigate defense strategies effectively.
Table of contents:
- Understanding Domestic Assault Law in Canada
- How Much Evidence Is Needed to Charge Someone with Domestic Assault?
- Types of Evidence Used in Domestic Assault Cases in Canada
Ontario has the lowest rate of intimate partner violence in the country, according to the latest Statistics Canada data. Its 269 police-reported domestic violence incidents per 100,000 people in 2023 is well below the national 354 rate. However, Ontario’s rate has been inching up in lockstep with the rest of the country, with a ninth consecutive annual increase in police-reported domestic violence cases.
An increased governmental focus on domestic violence encourages Canadian police, Crown prosecutors, and the courts to address the issue aggressively. A zero-tolerance policy motivates them to arrest, prosecute, and punish anyone accused of domestic assault to a higher degree than they would for alleged non-domestic violence.
Because police can construe even the most insignificant physical force applied against an intimate partner as domestic assault, understanding evidence in domestic violence cases is crucial. What evidence do police need to charge someone with domestic assault? What types of evidence in Canada are used in domestic assault cases? And can police charge you without evidence in domestic assault cases?
Let’s look at the types of evidence in domestic assault cases and examine what the defence needs to know about them.
Understanding Domestic Assault Law in Canada
Canada’s Criminal Code does not specifically codify “domestic assault,” “domestic violence,” “intimate partner violence,” “spousal abuse,” and related terms as distinct offences. Instead, the Code designates the intimate relationship between the alleged assailant and victim as an aggravating factor for severity of punishment purposes. If Canadian police charge you with domestic violence, the charges fall under Section 265 of the Criminal Code.
The Criminal Code defines this lowest level of assault as:
- Intentionally applying direct or indirect force against another person without their consent.
- Attempting or threatening to apply force to another person if the alleged victim reasonably believes it will be used.
- Accosting or impeding a person while openly wearing or carrying a weapon or imitation of one.
If the alleged assault involved the use of weapons or caused injuries, the charges rise to a Section 267-268 offence, which carries far more severe penalties upon conviction.
The penalties for a conviction on Section 265 “simple” assault range from probation to five years imprisonment. While few first-time assault offenders are sentenced to prison, the aggravating factor of a domestic assault usually results in harsher punishment. Judges will also be more likely to include sentencing conditions like no-contact orders, alcohol abstinence, and anger management or substance abuse counselling.
The higher-level Section 267-268 assaults carry much harsher penalties that max out at 14 years imprisonment. And, a domestic partner element in the case enhances the aggravating factors judges use in sentencing.
Whatever the level of assault, a conviction will result in a life-changing criminal record. Thus, anyone charged should always consult with an experienced domestic assault defence lawyer.
How Much Evidence Is Needed to Charge Someone with Domestic Assault?
How much evidence do Ontario police need to charge someone with domestic assault? Not much. Based on zero-tolerance policies, police will typically arrest anyone for domestic assault based on a simple accusation or the flimsiest evidence. And your release will likely be conditioned on not having contact with the alleged victim.
Types of Evidence Used in Domestic Assault Cases in Canada
Witness Testimony is Crucial in Domestic Assault Cases
If your spouse, common-law partner, girlfriend/boyfriend, ex-flame, or other intimate partner tells police that you physically touched them during an altercation, it’s all the evidence they need to arrest you for domestic assault. That initial allegation will be used as evidence in court, but it’s not enough to convict you.
However, if the police see you physically touching your intimate partner during an apparent altercation, their testimony as a witness is often enough for the Crown to secure a conviction.
Witness testimony is the most common form of evidence used in domestic assault cases. Along with the alleged victim and assailant, anyone who saw or heard the incident is a potential witness. Such witness testimony is crucial in helping the court determine what transpired before, during, and after the alleged assault.
A defence witness can help rebut Crown evidence and raise doubt about its case. Because the Crown must prove that the accused committed the offence “beyond a reasonable doubt, a skilled criminal defence lawyer will strive to cast doubt on testimony provided by Crown witnesses.
In cases addressing higher-tier assaults, the Crown or defence may introduce testimony from forensic or medical experts. Such experts can help interpret physical evidence like injuries or the condition of the crime scene to support or refute the narrative about how the alleged assault occurred.
Physical Evidence May Play a Role in Establishing Guilt or Innocence
It’s said a picture tells a thousand words, which makes photographs and videos among the most compelling evidence in a domestic assault case. If the incident was captured on any video, this will often make or break a case. After-the-fact photographs can support a victim’s claim of being physically injured during the assault. The absence of such might weaken the Crown’s case, as police typically take photographs if a victim is injured. Pictures of the crime scene might play a role in affirming or disputing the narrative about the assault.
Other physical evidence that the Crown or defence may introduce in domestic assault cases include:
- Medical reports
- Digital GPS or cell phone data
- Text messages, emails, and social media posts
- 911 recordings
- Time-stamped records
- Weapons, if linked to the alleged assault
Evidence That Supports Self-Defence or Alternate Explanations
When possible, the defence might try to introduce evidence that adds context to how the incident unfolded. This is done to help support a claim of self-defence or an alternative narrative about the alleged incident. While this typically involves witness testimony, evidence about incident timelines might also be raised. In some cases, a judge may allow the introduction of evidence about the intimate partner’s relationships and any history of prior altercations and assaults. For example, evidence showing that the victim has a record of initiating assaults.
A Skilled Criminal Defence Lawyer is Adept at Working with Evidence
The specific details of your case will dictate the relevance of all potential evidence in a domestic assault case. A skilled criminal defence lawyer understands evidentiary rules and will know best what evidence to introduce for the defence and how to rebut or weaken the Crown’s evidence.
If Ontario police charge you with domestic assault, secure the best legal representation from an experienced criminal lawyer in Mississauga, Newmarket, Barrie, Vaughn, Scarborough and the Greater Toronto Area with Vilkhov Law. For professional and compassionate domestic assault defence, contact us for a free, confidential consultation.
