Domestic Violence Laws in Canada

Canada has no standalone domestic violence offence under the Criminal Code, RSC 1985, c C-46; instead, prosecutors charge domestic abuse as assault, uttering threats under section 264.1, or criminal harassment under section 264. Provincial protection orders and federal peace bonds under section 810 provide additional remedies for victims.

Under Canadian law, persons accused of domestic violence may face prosecution under the Canadian Criminal Code for acts of violence or abuse. In addition, under provincial laws, disobeying protection orders or applying for a protection order under pretense may lead to criminal charges.

Below is everything victims and persons accused of domestic violence in Canada need to know.

Quick take: Canada's domestic violence laws explained

For victims of domestic violence

• You have the right to protect yourself from domestic violence using reasonable/necessary force.
• In a criminal prosecution, the Crown, not the victim, must prove the charges beyond a reasonable doubt; you do not have to prove your case yourself before reporting to police.
• A self-defense claim will not work if you instigated the violence.
• You may apply for provincial or federal protection orders.

For persons accused of domestic violence

• Upon arrest, let your lawyer speak for you (do not say more than is necessary).
• Canadian law allows the police to lie to you during interrogations.
• You have the right to protect yourself, others and property from violence or damage.
• Violating a peace bond or provincial protection order may result in contempt of court charges and up to 4 years in prison.
• You will need evidence or an alibi to prove your side of the story.
• You qualify for an enhanced punishment if the victim was below 16 or if there is evidence of torture.

References:

• Canadian Criminal Code, RSC 1985, c C-46
• Department of Justice Canada: family violence research and resources

What constitutes domestic violence in Canada?

The Canadian Criminal Code does not contain legislation specific to domestic abuse or violence. However, an act of violence in the home may consequently result in criminal charges under the Criminal Code. What counts as domestic violence for provincial protection-order purposes depends on your province's family violence legislation. Alberta has its own provincial framework; see Alberta's domestic violence laws for that province's Protection Against Family Violence Act, Clare's Law application process, and penalty details. If your province isn't covered yet, contact a local victim services agency or legal aid clinic for help.

In general, you must remember that you are guilty of domestic violence if you intentionally or recklessly commit an act or omission that causes property damage, injury, or death in a domestic setting.

What are the 5 main types of domestic violence in Canada?

Under provincial laws, the following acts constitute domestic violence:

• Threats that create a reasonable fear for one's safety or property.
• Physical assault includes shoving, slapping, punching, pushing, and kicking.
• Sexual assault includes sexual exploitation, marital rape, child pornography, and other illegal sexual acts.
• Forced confinement/forced marriage and transportation without consent.
• Stalking.

Domestic violence laws explained: What are your rights under the Canadian criminal code?

Under the Canadian criminal code, you have the right to use force in self-defence intentionally.

Section 34 of the Criminal Code, as replaced by the Citizen's Arrest and Self-defence Act in 2013, provides a single self-defence test. A person is not guilty of an offence if they reasonably believe force or a threat of force is being used or threatened against them or another person, they act for the purpose of defending or protecting themselves or that other person, and the act committed is reasonable in the circumstances.

The law works on the condition that:

• You act under reasonable apprehension of death or injury from the violence committed upon you. Meaning if someone attacks you and you reasonably fear for your safety, you may use force to defend yourself.
• You believe on reasonable grounds that force is the only way to protect yourself.
• You do not use more force than is reasonably necessary to stop the attack.

What does "reasonable in the circumstances" mean?

When acting in self-defence, your actions should be "proportional/necessary." Meaning do not use more force than is necessary to stop the attack. Furthermore, if the attacker stops, so should you.

“Reasonable force or belief” means that a reasonable person given your situation would act similarly.

How to prove self-defence if accused of domestic violence in Canada

If you claim self-defence, you must prove that:

• You did not instigate the violence; your actions were a response. If you attacked first, the court might reject your claim.
• You used proportionate force. If your spouse threatens you and you stab or shoot the individual, the court will reject your self-defence claim because you used more force than is necessary.

Remember, if you claim self-defence, the burden of proof is on you. Consequently, you may need witnesses and evidence to prove your claim.

What to do if your child hits you

Section 43 of the Canadian criminal code allows parents, teachers, and caregivers to use reasonable force to correct a child. The section reads,  

“Every schoolteacher, parent, or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care if the force does not exceed what is reasonable under the circumstances.

So, if a child attacks you, you have the right to:

• Use reasonable force to defend yourself.
• Use reasonable force to correct the child.

Is it legal to beat a child in Canada?

No, it is not legal to beat a child.

However, it is legal to use reasonable physical force to discipline a child.

To discipline a child, section 43 allows parents and caregivers to use reasonable physical force. However, teachers, may only use reasonable force to restrain or guide a student.

However, "Reasonable force" means:

• Do not use force that causes physical harm or bodily injuries. That includes using weapons or objects such as belts on a child.
• You should not use language that causes a child to reasonably fear for their safety.
• Avoid committing degrading, inhumane, or harmful acts against a child.
• You should not use physical force on a toddler.

In short, spanking, or using force to correct your child is unlawful if (1) The parent does it in an inhumane or degrading manner. (2) The action results in bodily injuries.

If you are under 18 and a victim of violence, you may call the police or a child welfare agency near you.

What are the types of domestic abuse in Canada?

Under the Canadian Criminal Code, it is unlawful to cause:

• Physical assault/abuse.
• Sexual assault/abuse.
• Verbal or emotional abuse.
• Mental or psychological abuse.
• Cultural and identity abuse.
• Financial and economic abuse.

If you commit any of the acts above at home, you may face the following penalties or civil action.

What is the punishment for domestic violence in Canada?

The actions of the abuser dictate the charges. Consequently, persons accused of committing domestic violence in Canada may face the following penalties.

Physical assault/abuse, causing bodily harm, and uttering threats/verbal or emotional abuse

Under section 264.1 of the Canadian Criminal Code, it is unlawful to knowingly utter, convey, or cause a person, including family members, to receive a threat. Threats include:

• Threats to cause bodily harm, kill, injure, or poison a person, animal, or bird belonging to the victim.
• Destroy real or personal property.

For a threat to become a crime, the victim must have reason to fear for their safety. So, if your partner threatens you and you believe the individual has the will and capability to enact the threat. You should notify law enforcement.

Uttering threats to kill or cause bodily harm is a hybrid offense punishable by up to five years in prison for indictable offenses and up to 18 months for summary offenses; threatening to destroy property or harm an animal carries a lower maximum of two years for indictable offenses (two years less a day for summary offenses).

What are the defenses for uttering threats in Canada?

If accused of uttering threats, the prosecution must prove (1) The accused uttered the threats. (2) What words were uttered, and what was the context of the words. To counter the charges, your lawyer may argue:

• A reasonable person would not perceive your words as a threat.
• The words were a reaction to the circumstances (context of the words).
• The accused did not utter the words expecting the victim to take them seriously (joke).

Physical assault/causing bodily injury

The Canadian criminal code defines assault as, quote:

“A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.”

There are three levels of assault:

Level 1 domestic assault in Canada

The least serious assault charge in Canada is level 1 assault. You are guilty of level 1 assault if you push, slap, or utter verbal threats.

Under section 266 of the Canadian Criminal Code, level 1 (common) assault is punishable by a maximum sentence of five years for an indictable offence. For summary conviction, the penalty is a maximum of two years minus a day.

Courts treat violence against an intimate partner or a child as an aggravating factor at sentencing under section 718.2(a) of the Criminal Code, which can increase the sentence imposed within these maximums.

Level 2 domestic assault/causing bodily harm in Canada

Level 2 assault in Canada occurs when an individual commits an assault using a weapon or threatens to use one. You are guilty of level 2 assault if (1) you carry or use a weapon during the commission of an assault. (2) cause bodily harm. (3) choke, strangle, or suffocate the victim.

Unlawfully causing bodily harm to another, using a weapon, or choking, suffocating, or strangling a victim is a hybrid offense under section 267 of the Criminal Code, punishable by a maximum of 10 years in prison on indictment or 18 months on summary conviction.

Level 3 domestic assault in Canada

Level 3 assault or aggravated assault involves causing bodily injury such as disfiguring the victim, maiming, wounding, or injuries that put the victim at great risk of death or permanent disfigurement.

Aggravated assault is a straight indictable offense under section 268 of the Criminal Code, meaning the Crown cannot proceed by summary conviction. The maximum penalty is 14 years in prison, regardless of the victim's age.

What are the defenses for domestic assault in Canada?

Section 265(4) of the criminal code states that, quote:

"Where an accused alleges that he believed that the complainant consented to the conduct that is the subject matter of the charge, a judge is satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defense, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief."

Defenses for domestic assault and battery in Canada

Depending on the facts presented, the accused may argue:

• The victim consented. A consent defense is only valid if the victim voluntarily consented to a legal act. If the act was illegal, this defense will not work.
• Defense of property. You used reasonable force to stop the destruction of your property.
• Defense of others. You had an honest belief that the victim needed immediate assistance.
• Self-defence.

Domestic sexual assault/abuse.

Just like physical assault, there are three levels of domestic sexual violence in Canada. Level 1 involves minor injuries and the use of threats in the commission of a sexual assault. Level 2 sexual assault involves bodily harm and the use of a weapon or imitation of a weapon resulting in bodily injury. Level 3 sexual assault involves maiming, disfigurement, or damages that put the victim at risk of death or disfigurement.

Domestic sexual assault Canada: what you need to remember

• The prosecution must prove beyond a reasonable doubt that the victim did not consent.
• Sexual assault occurs when one makes sexual contact with another without consent.
• On indictment, sexual assault carries a maximum of 10 years in prison, rising to 14 years, with a one-year mandatory minimum, if the complainant is under 16.
• On summary conviction, sexual assault carries a maximum of 18 months in prison; if the complainant is under 16, the maximum rises to two years less a day, with a mandatory minimum of six months.
• Aggravated sexual assault (level 3) is an indictable-only offense under section 273, with no summary-conviction option, carrying a maximum sentence of life in prison.
• Sexual assault's definition under the criminal code extends to all forms of sexual violence and unwanted touching.
• Domestic sexual violence may include incest, sodomy, sexual interference, an invitation or forcing of sexual touching, child pornography, and sexual exploitation.
• In R. v. Brown, the Supreme Court of Canada ruled that self-induced extreme intoxication can, in narrow circumstances, be a defense to violent crimes including sexual assault; Parliament responded with amendments requiring the Crown to show the accused was criminally negligent in becoming that intoxicated.
• A minor cannot legally consent to sexual activity.

Defenses for domestic sexual abuse in Canada

A person accused of committing sexual assault in Canada may argue:

• No sexual activity occurred.
• The victim consented.
• The accused was somewhere else at the time of the incident (alibi).
• Insanity or mental incapacity.
• Extreme self-induced intoxication akin to automatism can, in narrow circumstances, be a defense against sexual assault and other violent crimes in Canada, but it is unavailable if the accused was criminally negligent in becoming that intoxicated.

Is emotional abuse against the law in Canada?

In Canada, emotional and psychological abuse refers to a pattern of behaviour one uses against another to control, isolate, or take away the victim's self-respect. The definition encompasses actions including manipulation or gaslighting, constant yelling, criticism, isolation, destruction of property, threats, or violent actions against the victim's pets, and so on.

Under the Canadian Criminal Code, psychological and emotional abuse that may lead to criminal prosecution includes:

(1) Advising a child or family member to commit suicide. (2) Phone harassment. (3) Threatening to harm a family member's pet. (4) Intentionally intimidating a child.

The penalty for emotionally abusive behaviour is up to two years minus a day for a summary conviction and up to ten years for indictable offenses.

Can you sue for emotional distress in Canada?

Yes. You may sue your partner for emotional distress in Canada. However, the burden of proof is on the plaintiff, meaning you must show the court a pattern of abusive behaviour.

What to remember

• When suing for emotional distress, you may have to provide evidence of physical harm, emotional trauma, and psychological harm.
• Signs of emotional distress include anxiety, anger, isolation, a feeling of worthlessness, and personality changes (hard to prove, recommend consulting with a claims attorney).

What happens if a victim of domestic violence dies in Canada?

As mentioned, under Canadian law, violence that occurs inside the home is treated similarly to violence that occurs outside the home. In other words, if domestic violence results in death or serious injury, the accused will face charges under the criminal code.

The accused may face manslaughter or murder charges. Manslaughter occurs if the death was accidental. A murder occurs when the accused thinks about/premeditates the crime.

Canada domestic violence laws: Federal protection orders

If you are a victim of domestic violence or at risk, you may apply for a provincial or federal protection order. See Alberta's domestic violence laws above for one province's protection-order framework, and check with your own province's family law information centre for local rules.

Under section 810 of the Canadian criminal code, the court may issue a peace bond to victims or potential victims of domestic violence.

What is a "peace bond"?

A peace bond is a protection order that imposes specific conditions aimed at preventing the subject from committing acts of violence against a family member. Failure to obey a peace bond is a separate offense under section 811 of the Criminal Code and may result in up to 4 years in prison. Learn more about peace bonds from the Department of Justice.

What does a peace bond do?

A peace bond may require the subject to do the following:

• Remove all weapons from the home/forbid the subject from owning a weapon.
• Restrain the subject from direct/indirect communication with the victim.
• Abstain from drug or alcohol abuse.
• Restraining order.
• Any condition the court deems necessary to keep the potential victim safe.

Note: applying for a protection order under false pretenses may lead to criminal charges.

Clare's law domestic violence Canada

Clare's Law, also called a Disclosure to Protect Against (Domestic or Intimate Partner) Violence Act depending on the province, lets victims or persons at risk of domestic violence apply to police for information about a partner's history of violence, including prior convictions.

What provinces have passed Clare's Law?

Clare's Law is now in force in five provinces: Saskatchewan (since 2020), Alberta (since 2021), Newfoundland and Labrador (since 2023), Nova Scotia (since 2023), and Manitoba (applications accepted starting March 1, 2026). New Brunswick passed its version in 2022 but has not yet proclaimed it into force, and Ontario and British Columbia have not passed similar legislation.

Application processes vary by province. Alberta's Clare's Law application is online, while others, including Manitoba's, run through a dedicated intake unit; check your provincial government's website for the exact process.

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