Definition of Bodily Harm

This page was last substantively updated or reviewed January 2020. (Rev. # 95351)

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General Principles

Section 2 of the Criminal Code defines "bodily harm" as:

2
...
"bodily harm" means 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;
...
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 32, s. 1, c. 41, ss. 2, 131; 2002, c. 7, s. 137, c. 22, s. 324; 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15; 2018, c. 21, s. 12; 2019, c. 13, s. 140; 2019, c. 25, s. 1; 2022, c. 17, s. 1.

– CCC (CanLII), (DOJ)

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Standard

Bodily harm is considered a "low threshold" to meet.

It must be more than "a very short time period and an injury of very minor degree which results in a very minor degree of distress." It must be "more than merely transient or trifling."

Minor injuries that interfere with comfort for a "short time" can be found to be bodily harm, including small bruises, swelling and headaches.

Bodily harm could include psychological injury to the victim.

Once bodily harm was found, the wording of s. 2 only requires interference of "health" or comfort of the person.

This definition is similar (if it is not word for word) to the English common law definition of actual bodily harm stated.

Transient or Trifling

An injury must be both transient and trifling to be excluded from the definition.

"Transient" has been interpreted as "[p]assing by or away with time; not durable or permanent; temporary, transitory"

"Trifling" has been interpreted as "[o]f little moment or value; trumpery; insignificant, petty"

It is wrong to conclude that merely because the injury heals in less than a week would not be bodily harm as serious life-threatening injuries can be of short duration.

The court should look at the overall effect of the injuries, rather than the individual's injuries that may be trifling in isolation.

Medical Evidence

It is not necessary to call medical evidence to prove bodily harm.

Bruising

Generally mere bruising will not be bodily harm. However, more serious bruising such as those which last 10 or more days or are present in the facial area will be considered bodily harm.

Examples

Specific examples of bodily harm:

• fracture of the nasal bones
• scrapes, lacerations and bruises, especially around the eye and a large amount of hair pulled out by the roots
• superficial injuries, consisting primarily of bruising and abrasions less than an inch in length
• "a number of bruises to the neck and arms, a number of lacerations to the face, chest, shoulder and wrist that which cleared up within a week, difficulty speaking for three or four days as a result of choking and a scar on her forearm from a laceration"
• a sore neck that lasted for approximately one month
• small bruise on calf, small anal tear and deviated septum all of which would "resolve ... within a few days"
• bruises going away after 11 days, sore hand and sore throat.

There is not necessarily a requirement of an injury being present for a certain duration to be considered bodily harm. The injury may be short and still not be trifling.

Appeals

Whether facts meet the definition of "bodily harm" is reviewable on a standard of correctness.