Is Pushing Someone Considered Assault in Alberta?
Assault is broadly defined in Canada. Offences relating to assault are found in Part VIII of the Criminal Code of Canada concerning “Offences Against the Person and Reputation”. The offence of comment assault is set out under section 265(1). This section sets out three ways for the offence to occur. These ways are through an intentional but not consensual application of force (minor force still counts); an attempt or threat of non-consensual application of force (which means you don’t have to make contact with the other person) or by interference with a person while having a weapon.
How Assault Is Defined Under Canadian Law
Assault is defined in section 265(1) of the Criminal Code of Canada
A person commits assault when they:
- Intentionally apply force to another person, directly or indirectly, without consent (section 265(1)(a);
- Attempt or threaten to apply force (section 265(1)(b); or
- Accost or impede another person while openly carrying a weapon (section 265(1)(c).
The key legal elements are:
- Intentional force
- Lack of consent
- Identity of the accused
Other elements apply but will depend on the specific section of the Code
This means that even minor physical contact, including a push, may satisfy this definition if it was intentional and non-consensual.
Does Pushing Someone Count as Assault?
Yes, in many situations a push can lead to an assault charge in Canada.
A push involves the intentional application of force. If the other person did not consent to that contact, the legal definition of assault under s. 265 may be met.
Importantly:
- The force does not need to be severe.
- The other person does not need to be injured.
- The incident does not need to last more than a moment.
In many cases, even if the push was brief, done in anger, with no intent to injury or even just to get someone out of the way, this action may still meet the legal definition of assault because this action involves applying force to another person without consent.
Canadian courts have repeatedly confirmed that even minimal unwanted force can amount to assault.
Does Pushing Someone in Alberta Count as Assault?
Yes. It is important to understand that the Criminal Code of Canada applies across all provinces. The definition of assault is the same here as it is in any other province. Assault is broadly defined under the Criminal Code. Each prosecutor’s office will have policies in place to guide the prosecution of this kind of conduct.
Situations Where Pushing May Lead to Charges
Many assault charges arise from:
- Heated arguments
- Bar altercations
- Domestic disputes
- Road rage incidents
- Workplace conflicts
Police often lay charges if there is evidence of intentional physical contact, even if the situation seemed minor at the time.
In domestic situations, officers frequently lay charges even if the complainant does not wish to proceed.
What are the Potential Defences to an Assault Charge
Every case turns on its specific facts. Potential legal defences may include:
Self-Defence
If you pushed someone to protect yourself from imminent harm, self-defence under the Criminal Code may apply.
Consent
Certain contexts, such as sports or consensual fights may involve implied consent to physical contact.
Lack of Intent / Accident
Assault requires intentional force. If the contact was accidental (or reflexive), the Crown must prove intent beyond a reasonable doubt.
Credibility Issues
Many assault cases depend heavily on witness testimony. Inconsistencies or reliability issues may significantly impact the case.
An experienced criminal defence lawyer will carefully examine the evidence, including police notes, witness statements, and any video recordings.
Possible Charges and Penalties in Alberta
Most pushing incidents are prosecuted as simple assault under section 266 of the Criminal Code.
Section 266 makes it an offence to commit an assault as defined in section 265.
Simple assault is a hybrid offence, meaning the Crown can proceed:
- By summary conviction (less serious), or
- By indictment (more serious, depending on the circumstances).
Even at the lowest level, a conviction may result in:
- A permanent criminal record
- Probation
- Fines
- Jail time
- Travel restrictions and
- Immigration consequences
In Canada, assault is treated as a spectrum of offences, ranging from simple assault to aggravated assault. Simple assault is the least serious form and can involve unwanted physical contact or even threats of force without causing injury. More serious forms include assault with a weapon or assault causing bodily harm, where the person is injured or a weapon is used. At the highest end of the spectrum is aggravated assault, which involves wounding, maiming, disfiguring, or endangering the life of another person. As the harm and severity increase, so do the legal consequences and potential penalties.
Speak to a Criminal Lawyer to Protect Your Rights
If you are charged with assault for pushing someone:
- Do not contact the complainant.
- Do not discuss the incident with police without legal advice.
- Carefully review your release conditions.
- Speak to an experienced criminal defence lawyer as soon as possible.
Early legal intervention can sometimes result in:
- Withdrawal of charges
- Diversion options
- Peace bonds
- Reduced charges
At Wyman and Williamson, we are a criminal defence firm representing individuals charged with assault and other violent offences throughout western Canada. If you are facing charges under sections 265 or 266, early legal advice is critical. Please contact our office today for a confidential consultation.