Getting Police Involved

Many immigrant women are fearful of any police involvement. In most cases, this is because of past experiences with the police in their home countries, especially if the woman is from a country where the police are symbols of human rights violations.

For many women it is important to know what Canadian police can do. The following are some frequently asked questions about laying charges.

What can the police do?

• The police respond to and investigate all complaints of wife assault.

• The police must talk to you and your partner separately and get a written statement from each of you. The police should arrest your partner if:

  it is likely that he will continue the assault on you,

  or

  there are other reasons for arrest, for example, if your partner has assaulted you with a weapon or injured you.

• The police officer must tell you what help is available in your community.

• The police may charge your partner with assault.

In some provinces the police can apply to court on your behalf for a protection order. The application can be made at any time of the day or night. If the application is granted it takes effect immediately.

Questions and Answers about Assault Charges

What is an assault charge?

A charge is a criminal accusation against someone. The phrase "laying charges" comes from a legal process, which is called laying an information. In order for a criminal matter to begin, an information has to be laid by someone who believes that an offence has been committed. Thus an "assault charge" involves laying an information against someone who you believe has committed an assault.

Will the police always lay assault charges?

No. The police have some flexibility whether to lay a charge. In cases of family violence, the police should lay charges where there are reasonable grounds to believe that there has been an assault. The police can lay charges even if you do not want them to. If the police do not lay charges and you think that they should, you can speak to the senior officer in charge.

If the police do not lay an assault charge, you can lay one. You must go to the court office and ask to see a Justice of the Peace (JP). If you have not already talked to the police, the JP may suggest you do so. The JP, however, must allow you to lay the charges if you want to. Usually it will only be necessary for you to lay charges in cases of common assault. In other cases of assault, there is usually enough evidence for the police to lay the charge.

Can you withdraw charges after they are laid?

If you laid the charges (rather than the police) you can withdraw the charges by informing the court office where you laid the charges.

If the police laid the charge, you cannot insist that they withdraw it. When the case goes to court you may be required as a witness for the Crown. If so, you will receive a subpoena. A subpoena is a court order telling you when to be in court.

The Crown presents the evidence against a person accused of breaking a criminal law. The lawyer who represents the Crown is called the Crown attorney.

If you do not obey the subpoena, the Crown attorney may withdraw the charges, or ask the judge to issue a warrant for your arrest, or proceed with the case. The fact that you and your spouse have worked out your problems is not by itself enough to have the Crown attorney drop the charges.

If the police charge him, can he be deported?

The charges alone do not mean he will be deported. If he is convicted under the Criminal Code of Canada and sentenced to more than six months in prison, he could be deported. (Source: http://cicnet.ci.gc.ca/english/newcomer/fact_07e.html)

What type of sentence will the offender get?

A common assault can be dealt with either as a serious offence (called an indictable offence) or as a less serious offence (called a summary offence). The sentence may be a fine, a jail term, a discharge or probation. It depends on the seriousness of the assault. The judge may choose one or more of these penalties. For example, the judge may fine the offender and place him on probation. The offender will then have a criminal record.

The offender may also be bound over to keep the peace. This means that for a period, which may be up to one year, the offender must not get into any further trouble. You can ask the court to put special conditions in the peace bond if you feel they are necessary for your safety. For example the peace bond can state that the offender must never come to your home or your place of work. it is a criminal offence to break the terms of a peace bond.

Updated: May 2002