Aggravated Assault (Offence)

Aggravated Assault
	s. 268 of the Crim. Code
Election / Plea
Crown Election	Indictment;
Jurisdiction	Prov. Court; Sup. Court w/ Jury (); Sup. Court w/ Judge-alone (); * Must be indictable. Preliminary inquiry also available.
Indictable Dispositions
Avail. Disp.	Discharge (730); Suspended Sentence (731(1)(a)); Fine (734); Fine + Probation (731(1)(b)); Jail (718.3, 787); Jail + Probation (731(1)(b)); Jail + Fine (734); Conditional Sentence (742.1)
Minimum	None
Maximum	14 years incarceration
Reference
	Offence Elements; Sentence Digests;

This page was last substantively updated or reviewed March 2021. (Rev. # 96306)

< Criminal Law/Sentencing
< Offences

Overview

Offences relating to aggravated assault are found in Part VIII of the Criminal Code concerning "Offences Against the Person and Reputation".

Pleadings

Offence Section	Offence Type	Crown Election	Defence Election s. 536(2)	Preliminary Inquiry
s. 268 [aggravated assault]	Indictable Offence(s)			(14 years max)
s. 268 [aggravated assault] If related to IPV and with previous conviction for IPV (s. 718.3(8))	Indictable Offence(s)			(life max)

Offences under s. 268 [aggravated assault] are straight indictable. There is a Defence election of Court under s. 536(2) to trial to trial in provincial court, superior court with a judge-alone (with or without a preliminary inquiry) or superior court with judge-and-jury (with or without a preliminary inquiry).

Before the Crown can rely on provisions increasing the duration of the weapons prohibition order due to a prior weapons prohibition order notice under s. 727 must be given prior to plea.

Release

Offence(s)	Appearance Notice by Peace Officer s. 497	Summons by Judge or Justice s. 508(1), 512(1), or 788	Release by Peace Officer on Undertaking s. 498, 499, and 501	Release By a Judge or Justice on a Release Order s. 515 to 519	Direct to Attend for Fingerprints, etc. Identification of Criminals Act s. 2 ID Crim. Act
s. 268 [aggravated assault]

When charged under s. 268 [aggravated assault], the accused can be given a judicial summons without arrest. If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. He can also be released by a justice under s. 515.

Reverse Onus Bail

If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:

while at large under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i));
"for the benefit of, at the direction of, or in association" with a criminal organization (s. 515(6)(a)(ii));
where the offence involved a weapon, being a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or
where the accused is not "ordinarily a resident in Canada" (s. 515(6)(b)).

And, regardless of Crown election, if the offence alleged was one:

where the offence was an allegation of violence against an "intimate partner" and the accused had been previously convicted of an offence of violence against an "intimate partner" (s. 515(6)(b.1));
where the offence alleged is a breach under s. 145(2) to (5) while (s. 515(6)(c));
where the offence committed (or conspired to commit) was an offence under s. 5 to 7 of the CDSA that is punishable by life imprisonment (s. 515(6)(d));

Fingerprints and Photos

A peace officer who charges a person under s. 268 [aggravated assault] of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act.

Publication Bans

For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 486.5(1) where it is "necessary" for the "proper administration of justice". Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.

Offence Designations

Offence(s)	Wiretap Eligible s. 183	Dangerous Offender Designated Offence s. 752	Serious Personal Injury Offence s. 752	AG Consent Required	Serious Criminality Offence s. 36 IRPA
s. 268 [aggravated assault]		(Primary)	(enumerated in s. 752 definition (b))

Offences under s. 268 [aggravated assault] are designated offences eligible for wiretap under s. 183.

Section s. 268 [aggravated assault] offences are "primary designated offences" under s. 752 for a Dangerous Offender Order. The offender will be deemed a "substantial risk" for a Long-Term Offender Order under s. 753.1.

Offences under s. 268 [aggravated assault] are designated "serious personal injury" offences under s. 752(a) only if it has a maximum penalty of 10 years incarceration or more and involves "use or attempted use of violence against another person" or "conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person".

See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders.

Offence Wording

Aggravated assault

268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Excision

(3) For greater certainty, in this section, "wounds" or "maims" includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

(a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

(b) the person is at least eighteen years of age and there is no resulting bodily harm.

Consent

(4) For the purposes of this section and section 265 [assault], no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) [aggravated assault – excision – surgery] and (b) [aggravated assault – excision – 18 and no harm].

R.S., 1985, c. C-46, s. 268; 1997, c. 16, s. 5.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 268 (1), (2), (3), and (4)

Defined terms: "complainant" (s. 2), "maims" (s. 268(3)), and "wounds" (s. 268(3))

Draft Form of Charges

See also: Draft Form of Charges

		Pre-ambles
		"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
		"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR
		"AND FURTHER at the same time and place aforesaid, he [or she]..."
Code Section	Subject of Offence	Draft Wording
268	aggravated assault	"... did [wound, maim, disfigure or endanger the life of] [name or initialism of victim] thereby committing an aggravated assault contrary to section 268 of the Criminal Code."

Proof of the Offence

Proving aggravated assault under s. 268 should include: ☐ identity of accused as culprit ☐ date and time of the incident ☐ jurisdiction (incl. region and province) ☐ that an assault occurred (e.g. intentional application of force with no consent) ☐ injuries sustained the injuries amounted to the victim being: ☐ wounded, ☐ maimed, ☐ disfigured, or ☐ had life endangered ☐ a reasonable person would expect that bodily harm could result ☐ that there was no provocation

Draft Jury Decision Trees

Draft Jury Decision Trees

Interpretation of the Offence

The elements of aggravated assault are the same as those of common assault (s. 266) with the addition of:^[1]

the assault wounded, maimed or endangered life;
the accused's conduct caused the wounding, maiming or endangerment; and
a reasonable person would have realized the accused’s conduct would subject the victim to the risk of bodily harm

↑ R v McConnell, 2014 BCSC 973 (CanLII), per Romilly J, at para 8
R v Godin, 1994 CanLII 97 (SCC), [1994] 2 SCR 484, 89 CCC (3d) 574, per Cory J
R v Brodie, 1995 CanLII 2601 (BC CA), 60 BCAC 153, per Taylor JA

Actus Reus

The Crown does not need to prove that the accused had an intent to wound, maim or disfigure the complainant. However, he must prove that the accused had "objective foresight of bodily harm."^[1] This same standard applies to assault causing bodily harm.^[2] Injury in the range of "minor bodily harm" will be insufficient to prove wounding, maiming or disfigurement.^[3]

"wound, maim or disfigure"

"Wound" refers to any break in the skin^[4] or cutting of the skin or tissue which causes bleeding.^[5] It generally refers to permanent damage.^[6]

"Maiming" refers to "a hurt to the body that causes a person to be less able to fight" or otherwise function.^[7] This includes breaking of bones.

"Disfigure" refers to injuries that amount to "more than a temporary marring of the figure or appearance."^[8]

Examples of wound, maiming or disfigurement include:

a rupture with retinal herniation resulting in permanent blindness in one eye^[9]
a broken jaw^[10]
broken nose and bruising^[11]

Certain injuries were excluded from the definitions:

broken nose that healed without medcial intervention^[12]

Endangerment

The "endangerment" of life refers to the consequence of the injuries received (a product of wounds, maiming or disfigurement) and not simply the risk created by accused assaultive behaviour. No injuries are not necessary.^[13]

↑ R v Godin, 1994 CanLII 97 (SCC), [1994] 2 SCR 484, 89 CCC (3d) 574, per Cory J, at p. 485
↑ R v Dewey, 1999 ABCA 5 (CanLII), 132 CCC (3d) 348, per McClung JA, at para 9
↑ R v Innes and Brotchie, 1972 CanLII 1255 (BC CA), 7 CCC (2d) 544, per McFarlane JA
R v Papalia, 2012 BCSC 245 (CanLII), per Bruce J
↑ R v Littletent, 1985 ABCA 22 (CanLII), AJ No 256, per Moir JA
↑ Littletent, ibid., at para 2
R v Hilderman, 2005 ABQB 106 (CanLII), 369 AR 24, per Martin J, at paras 9, 19
↑ R v Reid, 2013 ABPC 228 (CanLII), per Semenuk J, at para 24
↑ R v Schultz, 1962 CanLII 553 (AB CA), [1962] 133 CCC 174 (Alta. S.C. App. Div.), per Smith CJ
Papalia, supra ("To “maim” means to inflict an injury that deprives a person of the use of a limb or renders the victim less able to defend themselves")
↑ R v Innes and Brotchie, 1972 CanLII 1255 (BC CA), 7 CCC (2d) 544 (BCCA), per McFarlane JA
↑ R v Theriault, 2021 ONCA 517 (CanLII), per Tulloch JA, at para 78
↑ R v Broderick, 2016 ONCJ 23 (CanLII), per Konyer J
R v Nobbs, 2020 ONSC 7341 (CanLII), per Board J
R v Lamontagne, 2019 BCSC 1251 (CanLII), per Watchuk J
R v Bird, 2018 SKPC 75 (CanLII), per Baniak J
R v Safdar, 2018 ONSC 7066 (CanLII), per Goodman J
↑ R v Crompton, 2020 ONSC 6533 (CanLII), per P Smith J
R v Barlow, 2020 ONCJ 433 (CanLII), per De Filippis J R v Mouchet, 2019 QCCQ 1531 (CanLII) - permanent dislocation of nose can be disfiguring, but less likely wounding
↑ Papalia, supra
↑ R v De Freitas, 1999 CanLII 14071 (MB CA), 132 CCC (3d) 333, per Twaddle JA at 11 and 12

Mens Rea

The mens rea for this offence is the same mens rea for common assault with the addition of an objective foresight of the risk of bodily harm.^[1]

There is no need for an intent "to maim, wound or disfigure the complainant". The offence criminalizes the assault not the desire to bring about the consequence.^[2]

An objective foresight standard means the Court must inquire whether "any reasonable person would inevitably realize" that the person who be subject to a "risk of, at least, some harm."^[3]

A party to an offence under s. 21(1)(b), it is not necessary that the party have a greater mens rea than the principal. It also not necessary to establish an objective foresight of the specific wounds being caused by the assault.^[4]

↑ R v Williams, 2003 SCC 41 (CanLII), [2003] 2 SCR 134, per Binnie J
R v Godin, 1994 CanLII 97 (SCC), [1994] 2 SCR 484, per Cory J ("objective foresight of bodily harm")
↑ R v Nanemahoo, 2011 ABCA 182 (CanLII), 281 CCC (3d) 206, per curiam, at para 22
Godin, supra, per Cory J ("It is not necessary that there be an intent to wound or maim or disfigure")
↑ R v DeSousa, 1992 CanLII 80 (SCC), [1992] 2 SCR 944, per Sopinka J
↑ Nanemahoo, supra, at para 23

Discharging a Firearm

Where the aggravated assault arises from the discharge of a firearm, the crown must prove:^[1]

that the accused intentionally applied force or intentionally threatened to apply while having the ability to carry it out;
that a reasonable person in the accused's position would have been able to foresee that pointing or firing the firearm would subject the victim to a risk of bodily harm; and
that actual wounding, maiming, or disfigurement resulted.

↑ R v Foti, 2002 MBCA 122 (CanLII), 169 CCC (3d) 57, per Steel JA

Kienapple

A person convicted of aggravated assault cannot be convicted of a lesser form of assault for the same conduct.^[1]

Common assault and assault causing bodily harm are lesser included offences.^[2]

↑ R v Basilio, 2003 CanLII 15531 (ON CA), 175 CCC (3d) 440, per Gillese JA
↑ R v SolukSoluk, 2001 BCCA 519 (CanLII), 157 CCC (3d) 473, per Rowles JA

Common Defences

The statutory defence of duress is excluded by s. 17 from applying to offences of aggravated assault.

Participation of Third Parties

See also: Role of the Victim and Third Parties and Testimonial Aids for Young, Disabled or Vulnerable Witnesses

Testimonial Aids

Certain persons who testify are entitled to make application for the use of testimonial aids: Exclusion of Public (s. 486), Use of a Testimonial Screen (s. 486), Access to Support Person While Testifying (s. 486.1), Close Proximity Video-link Testimony (s. 486.2), Self-Represented Cross-Examination Prohibition Order (s. 486.3), and Witness Security Order (s. 486.7).

A witness, victim or complainant may also request publication bans (s. 486.4, 486.5) and/or a Witness Identity Non-disclosure Order (s. 486.31). See also, Publication Bans, above.

On Finding of Guilt

Offence(s)	Victim Notice of Agreement s. 606(4.1) [SPIO]	Victim Queried for Interest in Agreement s. 606(4.2) [5+ years]	Victim Notice for Restitution s. 737.1	Victim Notice of Impact Statement s. 722(2)
s. 268 [aggravated assault]	(where SPIO, Crown must notify victims)

For serious personal injury offences or murder, s. 606(4.1) requires that after accepting a guilty plea, the judge must inquire whether "any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement". Failing to take reasonable steps at guilty plea requires the prosecutor to "as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea" (s. 606(4.3)).

Under s. 738, a judge must inquire from the Crown before sentencing whether "reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages".

Under s. 722(2), the judge must inquire "[a]s soon as feasible" before sentencing with the Crown "if reasonable steps have been taken to provide the victim with an opportunity to prepare" a victim impact statement. This will include any person "who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss" as a result of the offence. Individuals representing a community impacted by the crime may file a statement under s. 722.2.

Sentencing Principles and Ranges

See also: Purpose and Principles of Sentencing, Sentencing Factors Relating to the Offender, and Sentencing Factors Relating to the Offence

For details on general principles and factors of assault-based offences, see Violent and Assaultive Offences (Sentencing)

Maximum Penalties

Offence(s)	Crown Election	Maximum Penalty
s. 268 [aggravated assault]	N/A	14 years incarceration
s. 268 [aggravated assault] If related to IPV and with previous conviction for IPV (s. 718.3(8))	N/A	life incarceration

Offences under s. 268 [aggravated assault] are straight indictable. The maximum penalty is 14 years incarceration. Where the offender is convicted for a second-time for intimate partner violence (IPV), then the maximum penalty is life.

Minimum Penalties

These offences have no mandatory minimum penalties.

Available Dispositions

Offence(s)	Crown Election	Discharge s. 730	Suspended Sentence s. 731(1)(a)	Stand-alone Fine s. 731(1)(b)	Custody s. 718.3, 787	Custody and Probation s. 731(1)(b)	Custody and Fine s. 734	Conditional Sentence (CSO) s. 742.1
s. 268 [aggravated assault]	N/A

If convicted under s. 268 a discharge is not available under s. 730(1) as it is "an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life". Offences under s. 268 [aggravated assault] are ineligible for a conditional sentence order under s. 742.1(c), when prosecuted by indictment, as the maximum period of incarceration is 14 years or life.

Consecutive Sentences

There are no statutory requirements that the sentences be consecutive.

Principles

Aggravated assault is the most serious of violent crimes short of homicide and so must include incarceration.^[1] General deterrence is the primary factor.^[2]

The types of offences include a range with the high end including an unprovoked attack with a weapon. While a consensual fight that escalates tends to be on the lower end.^[3]

Those instances of offences that are unprovoked and premeditated, the emphasis should be on denunciation, which should exclude a community-based sentence.^[4]

↑ R v Marsman, 2007 NSCA 65 (CanLII), 220 CCC (3d) 254, per MacDonald CJ (3:0)
R v Keshane, 2005 SKCA 18 (CanLII), [2005] S.J. No 97, per Cameron JA (3:0)
↑ R v Perlin, [1977] NSJ No 548(*no CanLII links)
R v Dzikowski, 1990 CanLII 2539 (NS CA), [1990] NSJ No 353, per Matthews JA (3:0)
R v King, 1999 NSCA 103 (CanLII), [1999] NSJ No 331, per curiam (3:0)
↑ R v Craig, 2005 BCCA 484 (CanLII), 201 CCC (3d) 495, per Kirkpatrick JA (3:0), at para 10
↑ R v Derkson, 2009 YKSC 66 (CanLII), per Richard J

Ranges

see also: Aggravated Assault (Sentencing Cases)

The range of appropriate sentence can be very broad, ranging from suspended sentence to mid-range penitentiary sentences.^[1]

British Columbia

It has been stated that the "range of sentence for similar offences [namely aggravated assault] was described as being between 16 months and six years”^[2] Further it has been stated as "18 months to six years."^[3] and "two years less a day to six years."^[4]

Alberta

It is only "in the rarest and most exceptional case will a suspended sentence be a demonstrably fit sentence for aggravated assault."^[5]

Newfoundland and Labrador

In Newfoundland, it is suggested that aggravated assault where a knife is involved is in the range of 3 to 6 years. ^[6]

Ontario

In Ontario, the ranges of sentence have been separated into three groups.^[7] There are those in the low range which are considered "exceptional" due to their unusual degree of mitigation which will reduce the amount of jail required. The second group consists of the middle range of 18 months to 2 years less a day. These involve first time offenders and arise from quasi-consensual fights that resort to excessive force. The third group is the high range which is generally between 4 to 6 years. These involve recidivists involved in unprovoked or premeditated violence with no suggestion of consent or self-defence.^[8]

The upper range of 6 years are reserved for those offenders with a prior criminal record who commits an "unprovoked" and "premeditated" assaults.^[9]

"Baby shaking" cases of aggravated assault will usually be between 3 and 5 years.^[10]

Territories

The normal range is between 6 months and 6 years.^[11]

↑ see comments in R v Comeau [1999] OJ No 1540(*no CanLII links)
R v Peters, 2010 ONCA 30 (CanLII), 250 CCC (3d) 277, per Blair JA (3:0) -- court suggesting suspended sentence being available
↑ R v Craig, 2005 BCCA 484 (CanLII), 201 CCC (3d) 495, per Kirkpatrick JA (3:0)
R v Johnson, 1998 CanLII 4838 (BC CA), 131 CCC (3d) 274, per Prowse JA (3:0)
↑ R v Willier, 2005 BCCA 404 (CanLII), 66 WCB (2d) 499, per Smith JA (3:0)
↑ R v Biln, 1999 BCCA 369 (CanLII), 43 WCB (2d) 37, per McEachern JA (3:0)
↑ R v Hamlyn, 2016 ABCA 127 (CanLII), per curiam (3:0), at para 21
↑ R v Wheeler, 2011 CanLII 69366 (NL PC), [2011] NJ No 391, per Gorman J, at para 72
↑ R v Tourville, 2011 ONSC 1677 (CanLII), 93 WCB (2d) 296, per Code J
R v Brethour, 2013 ONSC 1167 (CanLII), per Beaudoin J, at paras 17 to 19
↑ Brethour, ibid., at paras 17 to 19
↑ Tourville, supra, at para 30
↑ R v Habib, 2000 CanLII 16824 (ON CA), 147 C.C.C. (3d) 555, per Findlayson JA
↑ R v Porter, 2017 YKTC 13 (CanLII) per Lilles J
R v DBM, 2002 YKTC 81 (CanLII), [2002] YJ No 96 per Lilles J
R v Dick, 2008 YKTC 6 (CanLII), per Faulkner J - suggests range between 16 months and 6 years.

Ancillary Sentencing Orders

See also: Ancillary Orders

Offence-specific Orders

Order	Conviction	Description
DNA Orders	s. 268 [aggravated assault]	For convictions under s. 268 [aggravated assault] , as listed under s. 487.04(a), a DNA Order is mandatory as a primary designated offence under s. 487.051(1) regardless of Crown election.
Weapons Prohibition Orders	s. 268 [aggravated assault]	On conviction under s. 268 [aggravated assault] where "violence against a person was used, threatened or attempted", and punishable by "imprisonment for ten years or more", the weapons prohibition order is mandatory under s. 109(1)(a) or where "violence was used, threatened or attempted against" an enumerated party relating to a domestic partnership a weapons prohibition order is mandatory under s. 109(1)(a.1).The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive". Duration (first offence): The Order prohibiting to "firearms" (other than a prohibited firearm or restricted firearm) and "crossbow, restricted weapon, ammunition and explosive substance" is for not less than 10 years starting at release from custody or at sentencing where custody is not ordered. The Order prohibiting "prohibited firearm, restricted firearm, prohibited weapon, prohibited device" is for life. Duration (subsequent s. 109 offence): The duration must be life for all enumerated weapons and firearms. Notice of increased penalty under s. 727 required. For offences under s. 268 [if weapon etc. involved] where "the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited" by court order, a mandatory weapons prohibition order under s. 109(1)(d) is required regardless of election.The order prohibits "the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive". Duration (first offence): The Order prohibiting to "firearms" (other than a prohibited firearm or restricted firearm) and "crossbow, restricted weapon, ammunition and explosive substance" is for not less than 10 years starting at release from custody or at sentencing where custody is not ordered. The Order prohibiting "prohibited firearm, restricted firearm, prohibited weapon, prohibited device" is for life. Duration (subsequent s. 109 offence): The duration must be life for all enumerated weapons and firearms. Notice of increased penalty under s. 727 required.
Delayed Parole Order	s. 268 [aggravated assault]	Periods of imprisonment of 2 years or more for convictions under s. 268 [aggravated assault] are eligible for delayed parole order under s. 743.6(1) requiring the offender to serve at least "one half of the sentence or ten years, whichever is less", "where denunciation of the offence or the objective of specific or general deterrence so requires".

General Sentencing Orders

Order	Conviction	Description
Non-communication order while offender in custody (s. 743.21)	any	The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them.
Restitution Orders (s. 738)	any	A discretionary Order is available for things such as the replacement value of the property; the pecuniary damages incurred from harm, expenses fleeing a domestic partner; or certain expenses arising from the commission of an offence under s.402.2 or 403.
Victim Fine Surcharge (s. 737)	any	A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. If the offence occurs on or after October 23, 2013, the order has smaller minimum amounts (15%, $50, or $100).

General Forfeiture Orders

Forfeiture	Conviction	Description
Forfeiture of Proceeds of Crime (s. 462.37(1) or (2.01))	any	Where there is a finding of guilt for an indictable offence under the Code or the CDSA in which property is "proceeds of crime" and offence was "committed in relation to that property", the property shall be forfeited to His Majesty the King on application of the Crown. NB: does not* apply to summary offences*.
Fine in Lieu of Forfeiture (s. 462.37(3))	any	Where a Court is satisfied an order for the forfeiture of proceeds of crime under s. 462.37(1) or (2.01) can be made, but that property cannot be "made subject to an order", then the Court "may" order a fine in "an amount equal to the value of the property". Failure to pay the fine will result in a default judgement imposing a period of incarceration.
Forfeiture of Weapons or Firearms (s. 491)	any	Where there is finding of guilt for an offence where a "weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of [the] offence and that thing has been seized and detained", or "that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance has been seized and detained, that the item be an enumerated weapon or related item be connected to the offence", then there will be a mandatory forfeiture order. However, under s. 491(2), if the lawful owner "was not a party to the offence" and the judge has "no reasonable grounds to believe that the thing would or might be used in the commission of an offence", then it should be returned to the lawful owner.
Forfeiture of Offence-related Property (s. 490.1)	any	Where there is a finding of guilt for an indictable offence, "any property is offence-related property" where (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed, (b) that is used in any manner in connection with the commission of such an offence, or (c) that is intended to be used for committing such an offence". Such property is to be forfeited to Her Majesty in right of the province. NB: does not* apply to summary offences*.

Record Suspensions and Pardons

Convictions under s. 268 [aggravated assault] are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may not have the record suspended where the offender was (1) convicted of 3 or more offences with a maximum penalty of life, and (2) for each 3 offences he "was sentenced to imprisonment for two years or more".

History

Prior to the 1997 amendments to s. 268, it read:

Aggravated assault

268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46

–

The first instance of aggravated assault as a criminal offence was found in An Act to amend the Criminal Code, SC 1980-81-82-83, c. 125, s. 19. It was proclaimed into force on January 4, 1983 and created s. 245.2, which stated:

Aggravated assault

245.2 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Punishment

(2) Every one who commits an aggravated assault is guilty of an indictable offence and is liable to imprisonment for fourteen years.

–

Prior to 1983, the only offence relating to aggravated assault was the offene of "wounding":"

Every one who, with intent

(a) to wound, maim or disfigure any person,

(b) to endanger the life of any person, or

(c) to prevent the arrest or detention of any person,

discharges a firearm, air gun or air pistol at or causes bodily harm in any way to any person, whether or not that person is the one mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and is liable to imprisonment for 14 years.

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