Assault is the most commonly charged criminal offence in Canada. For permanent residents, work permit holders, and anyone involved in a sponsorship application, an assault charge can trigger immigration consequences that are far more severe than the criminal penalties themselves. A conviction could lead to inadmissibility findings, loss of appeal rights, deportation, or the collapse of a family sponsorship application.

This guide explains exactly how different types of assault charges under the Criminal Code interact with the Immigration and Refugee Protection Act (IRPA). We cover the immigration thresholds that matter, the special dangers of domestic assault charges, and the defence strategies that can protect both your criminal record and your immigration status.

This is the fourth article in our criminal law and immigration series. If you have not read the overview, start there. For DUI-specific guidance, see our DUI and immigration consequences guide. For information about criminal inadmissibility and rehabilitation applications, see our criminal inadmissibility guide.

Types of Assault Charges Under the Criminal Code

Not all assault charges carry the same immigration consequences. The critical factor is the maximum term of imprisonment available for the offence, not the sentence you actually receive. Under IRPA section 36(1), an offence punishable by a maximum term of imprisonment of at least 10 years constitutes serious criminality, regardless of whether you receive a conditional discharge, a fine, or no jail time at all.

Here is how the four main assault offences break down:

Simple Assault (Criminal Code, s. 266)

Simple assault is a hybrid offence. When prosecuted by indictment, the maximum penalty is 5 years imprisonment. When prosecuted by summary conviction, the maximum is 2 years less a day.

Immigration classification: Because the maximum penalty on indictment is 5 years (below the 10-year threshold), simple assault does not trigger serious criminality under IRPA s. 36(1) based on the nature of the offence alone. However, a conviction still constitutes criminality under IRPA s. 36(2) for foreign nationals (including work permit and study permit holders). For permanent residents, a single simple assault conviction will not normally result in inadmissibility unless the sentence imposed exceeds six months.

Simple assault covers a wide range of conduct, from pushing someone during an argument to a bar fight. There is no requirement that the victim suffer any injury.

Assault with a Weapon or Causing Bodily Harm (Criminal Code, s. 267)

This offence is also hybrid, but the maximum penalty on indictment is 10 years imprisonment. It applies when the accused, in committing an assault:

Carries, uses, or threatens to use a weapon or imitation of a weapon
Causes bodily harm to the complainant
Chokes, suffocates, or strangles the complainant

Immigration classification: With a maximum penalty of 10 years, this offence triggers serious criminality under IRPA s. 36(1). A permanent resident convicted of this offence is inadmissible regardless of the actual sentence received. This is one of the most important distinctions in immigration law: even a conditional discharge for assault causing bodily harm can make you inadmissible as a permanent resident.

Aggravated Assault (Criminal Code, s. 268)

Aggravated assault is a straight indictable offence (it cannot be prosecuted summarily). The maximum penalty is 14 years imprisonment. It applies where the accused wounds, maims, disfigures, or endangers the life of the complainant.

Immigration classification: Serious criminality under IRPA s. 36(1). The consequences are the same as for s. 267, but the charge itself is more difficult to resolve through plea negotiations because of its severity.

Sexual Assault (Criminal Code, s. 271)

Sexual assault is a hybrid offence with a maximum penalty of 10 years on indictment (or 14 years if the complainant is under 16). Where the complainant is under 16, there is also a mandatory minimum sentence of one year.

Immigration classification: Serious criminality under IRPA s. 36(1). In addition, a sexual assault conviction triggers the sponsorship bar under the Immigration and Refugee Protection Regulations, preventing the convicted person from sponsoring a spouse or family member.

Immigration Consequences at a Glance

The following table summarizes how each type of assault charge interacts with IRPA:

Offence	Criminal Code	Max Penalty (Indictment)	IRPA Classification	Triggers Serious Criminality?	IAD Appeal If Sentenced 6+ Months?
Simple Assault	s. 266	5 years	Criminality (s. 36(2)) for foreign nationals	No (unless sentenced >6 months)	Lost if sentenced to at least 6 months
Assault with Weapon / Causing Bodily Harm	s. 267	10 years	Serious criminality (s. 36(1))	Yes (regardless of sentence)	Lost if sentenced to at least 6 months
Aggravated Assault	s. 268	14 years	Serious criminality (s. 36(1))	Yes (regardless of sentence)	Lost if sentenced to at least 6 months
Sexual Assault	s. 271	10 years	Serious criminality (s. 36(1))	Yes (regardless of sentence)	Lost if sentenced to at least 6 months

Key distinction: Under IRPA s. 36(1), serious criminality is triggered by conviction for an offence with a maximum term of imprisonment of at least 10 years, OR by a sentence of more than six months actually imposed. Under IRPA s. 64(2), the right to appeal to the Immigration Appeal Division (IAD) is lost when a sentence of at least six months is imposed. These are two different thresholds with different legal effects. The s. 64(2) threshold was lowered from “more than 2 years” to “at least six months” by Bill C-43 (Faster Removal of Foreign Criminals Act) in 2013.

Domestic Assault: Special Considerations for Immigration

Domestic assault charges deserve separate attention because they sit at the intersection of criminal law, immigration law, and family law in ways that create unique dangers for newcomer families.

Ontario’s Mandatory Charging Policy

In Ontario, police are required to lay charges whenever they have reasonable grounds to believe that a domestic assault has occurred. Officers do not have discretion to walk away from a domestic call without laying a charge if the evidence supports one. This means that a verbal argument that escalates, a push during a heated moment, or even a misunderstanding can result in criminal charges, even when the other partner does not want charges laid and even when the contact was minor.

Once charges are laid, the decision to proceed or withdraw rests with the Crown Attorney, not the complainant. Ontario’s Crown prosecution policy explicitly instructs prosecutors not to withdraw domestic assault charges simply because the complainant asks them to. The Crown considers the safety of the complainant and the broader public interest.

For the Filipino-Canadian community, this is an important reality to understand. Cultural differences in conflict resolution, language barriers during police interactions, and unfamiliarity with Canadian policing norms can all contribute to situations where charges are laid in circumstances that do not reflect genuine violence.

Bail Conditions and Family Impact

When a person is charged with domestic assault, the court will almost always impose a no-contact order as a condition of bail. This means the accused cannot communicate with or be in the presence of the complainant. If the complainant is a spouse or partner, this effectively forces the accused out of the family home.

These conditions remain in place until the case is resolved, which in Ontario can take 6 to 18 months or longer. For families with children, mortgage obligations, and a single household income, a no-contact order can be devastating. The accused may need to find alternative housing and cannot participate in childcare or family decisions.

If the complainant and accused want to resume contact before the case concludes, a formal application to vary bail conditions must be made to the court. The court will consider the complainant’s wishes but is not bound by them.

The Sponsorship Bar: Family Violence Convictions

Beyond the standard inadmissibility provisions, the Immigration and Refugee Protection Regulations (IRPR) contain a specific sponsorship bar that applies to persons convicted of offences involving violence against family members.

Under IRPR s. 133(1)(e), a person is ineligible to sponsor a spouse, common-law partner, conjugal partner, or dependent child if they have been convicted of:

An offence causing bodily harm to a family member, current or former partner, or their relatives
An attempt or threat to commit such an offence
A sexual offence against any person
An indictable offence involving the use of violence punishable by a maximum of at least 10 years

The sponsorship bar remains in effect until the person receives a record suspension (pardon) or five years have elapsed since the completion of the sentence imposed.

This has profound implications. A Canadian citizen convicted of domestic assault cannot sponsor their overseas spouse until the bar is lifted. A permanent resident convicted of domestic assault faces both potential inadmissibility and the inability to sponsor family members. For families relying on spousal sponsorship or family sponsorship, a domestic assault conviction can separate families for years.

Impact on Pending Sponsorship Applications

If you have a pending sponsorship application and you are charged with or convicted of domestic assault, IRCC may:

Refuse the sponsorship application based on sponsor ineligibility
Delay processing until the criminal matter is resolved
Request additional information about the charges and their outcome

Even if the charges are ultimately withdrawn or you are acquitted, the delay alone can be significant. Sponsorship applications already take 12 to 24 months to process, and a criminal charge can add months or years to that timeline.

Serious Criminality vs. Criminality: Why the Distinction Matters

Understanding the difference between serious criminality (IRPA s. 36(1)) and criminality (IRPA s. 36(2)) is essential because the consequences are dramatically different:

Factor	Criminality (s. 36(2))	Serious Criminality (s. 36(1))
Applies to	Foreign nationals only	Permanent residents and foreign nationals
Trigger (conviction in Canada)	Conviction for indictable offence, or two summary offences not arising from a single occurrence	Conviction for offence with max penalty of at least 10 years, OR sentence of more than 6 months imposed
IAD appeal available?	Yes	No, if sentenced to at least 6 months (s. 64(2))
Rehabilitation application	Available after 5 years ($200 fee)	Available after 5 years ($1,000 fee)
Deemed rehabilitation	Available after 10 years (automatic for single offence)	Not available for serious criminality
Record suspension helps?	Yes, resolves inadmissibility	Yes, resolves inadmissibility

For permanent residents, this distinction is especially critical. A PR convicted of simple assault (s. 266, max 5 years) is generally not inadmissible based on that conviction alone. But a PR convicted of assault causing bodily harm (s. 267, max 10 years) is inadmissible for serious criminality even if the judge imposes a conditional discharge with no jail time. The inadmissibility flows from the nature of the offence, not the sentence.

For a full explanation of criminal inadmissibility, rehabilitation applications, and record suspensions, see our criminal inadmissibility and rehabilitation guide.

The Six-Month Sentence Threshold: Two Rules You Must Know

The six-month mark appears in two different IRPA provisions, and confusing them is a common and dangerous mistake:

Rule 1 — IRPA s. 36(1)(a): Inadmissibility for serious criminality. A permanent resident or foreign national is inadmissible if convicted of an offence punishable by a maximum of at least 10 years, or if a term of imprisonment of more than six months has been imposed. This means a sentence of exactly six months does not trigger this provision, but a sentence of six months and one day does.

Rule 2 — IRPA s. 64(2): Loss of IAD appeal rights. A permanent resident loses the right to appeal a removal order to the Immigration Appeal Division if they are sentenced to a term of imprisonment of at least six months. This means a sentence of exactly six months does trigger this provision.

The practical consequence: a permanent resident sentenced to exactly six months for simple assault would not be found inadmissible under s. 36(1) on the basis of sentence length alone, but would lose their IAD appeal rights under s. 64(2). A skilled lawyer must navigate both thresholds carefully. The Supreme Court of Canada recognized the importance of immigration consequences in sentencing in R. v. Pham, 2013 SCC 15, holding that judges must consider a sentence’s collateral immigration consequences.

Defence Strategies That Protect Your Immigration Status

When a non-citizen faces assault charges, the criminal defence strategy must account for immigration consequences from the very beginning. The following outcomes can help preserve your status:

1. Peace Bond (Criminal Code, s. 810)

A peace bond is not a conviction. The accused agrees to keep the peace and be of good behaviour for a specified period (usually 12 months), and the charges are withdrawn. Because there is no conviction, a peace bond does not trigger inadmissibility under IRPA s. 36.

Peace bonds are commonly available for simple assault charges, particularly where:

The accused has no prior criminal record
No significant injuries occurred
The complainant supports resolution without a conviction
The accused has completed counselling or the PAR program

Immigration benefit: No conviction means no inadmissibility finding, no sponsorship bar, and no impact on pending immigration applications. A peace bond is the best possible outcome for anyone with immigration concerns.

2. Withdrawal After Completing the Partner Assault Response (PAR) Program

Ontario’s Partner Assault Response (PAR) program is a court-ordered 12-session counselling program for persons charged with domestic assault. It is run by community agencies across Ontario and takes approximately 4 to 5 months to complete.

When the accused successfully completes the PAR program, the Crown Attorney may agree to withdraw the charges or resolve the matter with a peace bond. This outcome avoids a conviction entirely.

The PAR program is typically available for first-time domestic assault charges where the injuries are not serious. Your lawyer must negotiate entry into the program early in the process, often at the first or second court appearance.

3. Discharge (Criminal Code, s. 730)

A discharge (absolute or conditional) means the accused is found guilty but not convicted. Discharges are available for offences that carry no mandatory minimum sentence and where the maximum penalty is less than 14 years.

Simple assault (s. 266) is eligible for a discharge. However, there is an important immigration nuance: although a discharge is not a “conviction” under Canadian criminal law, IRCC and immigration tribunals have sometimes treated discharges as equivalent to convictions for immigration purposes, particularly for foreign nationals. For permanent residents, a discharge for simple assault is generally not problematic, but the issue can be more complex for work permit holders or visitor visa applicants.

Practical tip: A peace bond or withdrawal is always preferable to a discharge from an immigration perspective.

4. Pham Submissions: Keeping the Sentence Below Six Months

Where a conviction cannot be avoided, the next priority is keeping the sentence below the critical immigration thresholds. Following R. v. Pham (2013 SCC 15), defence counsel can make submissions asking the judge to consider the collateral immigration consequences of the sentence.

A Pham submission argues that a sentence at the lower end of the appropriate range is justified because a longer sentence would trigger disproportionate immigration consequences (such as loss of IAD appeal rights at the six-month mark or a finding of serious criminality). The Supreme Court held that immigration consequences are a “relevant consideration” in sentencing, though they cannot result in a sentence that falls outside the appropriate range.

For a permanent resident convicted of simple assault, a Pham submission can be the difference between keeping and losing appeal rights.

5. Alternative Measures and Diversion Programs

Some jurisdictions offer alternative measures or diversion programs that allow charges to be resolved without a trial or conviction. These programs may involve community service, counselling, restitution to the victim, or other conditions. Successful completion results in charges being withdrawn.

Eligibility varies by jurisdiction and is generally limited to less serious offences and first-time offenders.

Real-World Scenarios for Filipino-Canadian Families

The following scenarios illustrate how assault charges interact with immigration status in situations we commonly see in our practice:

Scenario 1: Permanent Resident Charged with Domestic Assault After a Verbal Argument

Situation: Marco is a permanent resident. He and his wife have a loud argument. A neighbour calls police. When officers arrive, Marco’s wife says he grabbed her arm during the argument. Police charge Marco with simple assault (s. 266). His wife tells officers she does not want charges laid, but police proceed under Ontario’s mandatory charging policy.

Immigration risk: Simple assault has a maximum penalty of 5 years, below the 10-year serious criminality threshold. If convicted and sentenced to less than six months, Marco would not face inadmissibility as a permanent resident. However, a conviction would trigger the sponsorship bar under IRPR s. 133(1)(e), preventing Marco from sponsoring any family members for five years after completing his sentence.

Best strategy: Marco’s lawyer should negotiate entry into the PAR program. After completing 12 sessions, the Crown may agree to withdraw the charges or resolve the matter with a peace bond. No conviction means no inadmissibility finding and no sponsorship bar.

Scenario 2: Work Permit Holder Charged with Simple Assault at Work

Situation: Ana holds a work permit and is charged with simple assault after a physical altercation with a co-worker. No weapons were involved and no significant injuries occurred.

Immigration risk: As a foreign national, Ana is subject to the criminality provisions under IRPA s. 36(2). A conviction for any indictable offence (and simple assault is hybrid, meaning it can be prosecuted by indictment) can render her inadmissible. Unlike permanent residents, foreign nationals can be found inadmissible for criminality even for a single offence with no jail time. This could result in a removal order, and Ana would need to leave Canada.

Best strategy: Avoid a conviction at all costs. A peace bond or diversion program is essential. If a conviction is unavoidable, a discharge may help, but its effectiveness for immigration purposes is uncertain for foreign nationals. Ana should consult both a criminal lawyer and an immigration lawyer immediately.

Scenario 3: Canadian Citizen With an Old Assault Conviction Wants to Sponsor a Spouse

Situation: David is a Canadian citizen. In 2019, he was convicted of assault causing bodily harm (s. 267) after a fight and received a 90-day sentence. He has since rebuilt his life and wants to sponsor his wife from the Philippines.

Immigration risk: Section 267 is an indictable offence involving violence with a maximum penalty of 10 years. David’s conviction triggers the sponsorship bar under IRPR s. 133(1)(e). He cannot sponsor his wife until either: (a) he obtains a record suspension (pardon), or (b) five years have elapsed since he completed his sentence (including any probation).

Best strategy: If David completed his sentence (including probation) by 2020, the five-year waiting period would end in 2025, and he may now be eligible to sponsor. Alternatively, he can apply for a record suspension. The current fee for a record suspension application is $50 (reduced from $657.77 effective January 1, 2022). A record suspension eliminates the sponsorship bar permanently. David should begin the spousal sponsorship process with guidance from a lawyer who understands both the criminal and immigration dimensions.

After a Conviction: Rehabilitation and Record Suspensions

If you have already been convicted of an assault offence, there are pathways to resolve the immigration consequences:

Criminal Rehabilitation

If at least five years have passed since you completed your sentence (including probation and fines), you can apply for criminal rehabilitation through IRCC. If approved, you are no longer inadmissible.

Fee: $200 for criminality; $1,000 for serious criminality
Processing time: 6 to 12 months or longer
Effect: Permanent resolution of inadmissibility

Record Suspension (Pardon)

A record suspension under the Criminal Records Act seals your criminal record. Once granted, the conviction can no longer be used as the basis for an inadmissibility finding.

Eligibility: 5 years after completing sentence (summary offences) or 10 years (indictable offences)
Fee: $50
Effect: Resolves inadmissibility and removes the sponsorship bar

For detailed guidance on both pathways, see our criminal inadmissibility and rehabilitation guide.

Frequently Asked Questions

Can I be deported for a simple assault conviction?

It depends on your immigration status. Permanent residents are generally not inadmissible for a single simple assault conviction (max 5 years, below the 10-year threshold) unless sentenced to more than six months. Foreign nationals (work permit, study permit, visitor) can be found inadmissible for any indictable offence under IRPA s. 36(2), which includes simple assault when prosecuted by indictment.

My spouse does not want to press charges. Can the charges be dropped?

In Ontario, the Crown Attorney decides whether to proceed with domestic assault charges, not the complainant. The complainant’s wishes are a factor, but the Crown will also consider safety concerns and the public interest. That said, a complainant who does not wish to proceed may influence the Crown’s decision, particularly if the accused has completed the PAR program and there is no history of violence.

Does a peace bond affect my immigration status?

A peace bond under s. 810 of the Criminal Code is not a conviction. It does not trigger inadmissibility under IRPA s. 36 and does not activate the sponsorship bar. However, the peace bond will appear on police records (CPIC) for its duration, and U.S. Customs and Border Protection may ask about it. After the peace bond expires (usually 12 months), it no longer appears on standard criminal record checks.

I was convicted of assault causing bodily harm but received no jail time. Am I inadmissible?

Yes, if you are a permanent resident or foreign national. Assault causing bodily harm (s. 267) carries a maximum penalty of 10 years, which meets the serious criminality threshold under IRPA s. 36(1). The inadmissibility finding is based on the maximum available penalty, not the sentence actually imposed. A discharge under s. 730 is technically not a conviction and should not trigger inadmissibility under IRPA, but the finding of guilt remains on record and CBSA may still raise concerns. A discharge for this offence should not be treated as a guaranteed safe outcome.

How does a domestic assault charge affect my ability to sponsor my spouse?

A charge alone does not trigger the sponsorship bar, but it may cause IRCC to delay or request more information about your application. A conviction for an offence causing bodily harm to a family member triggers the sponsorship bar under IRPR s. 133(1)(e). You will be unable to sponsor until you receive a record suspension or five years have elapsed since completing your sentence.

What is a Pham submission and how can it help me?

A Pham submission is a sentencing argument based on the Supreme Court of Canada decision in R. v. Pham (2013 SCC 15). It asks the sentencing judge to consider the collateral immigration consequences of the sentence. For example, if you are a permanent resident facing a sentence near six months, your lawyer can argue that a sentence of five months (rather than seven) is appropriate because a longer sentence would cause you to lose your IAD appeal rights under IRPA s. 64(2). The court can adjust the sentence within the appropriate range to avoid disproportionate immigration consequences.

Can I travel to the United States with an assault charge or conviction on my record?

U.S. Customs and Border Protection (CBP) has access to Canadian criminal records through information-sharing agreements. An assault conviction, even a minor one, can result in denial of entry to the United States. A peace bond may also raise questions at the border, though it is not a conviction. If you need to travel to the U.S., discuss your options with a lawyer before attempting to cross.

How long does a domestic assault case take to resolve in Ontario?

Most domestic assault cases in Ontario take 6 to 18 months from charge to resolution. Cases involving the PAR program typically take 5 to 7 months from the date of enrollment. More complex cases, especially those proceeding to trial, can take 12 months or longer. During this time, bail conditions (including no-contact orders) remain in effect.

Why You Need a Lawyer Who Understands Both Criminal and Immigration Law

An assault charge for a non-citizen is never just a criminal law problem. A criminal lawyer who is not aware of immigration consequences may negotiate a plea that results in a conviction triggering serious criminality, loss of appeal rights, or the sponsorship bar. An immigration lawyer who does not understand criminal procedure may not appreciate the range of outcomes available in the criminal courts.

At JCA Law Office, we handle both criminal defence and immigration matters. Our office is located in Midtown Toronto at Yonge and Eglinton, and we provide services in English and Tagalog. We understand the concerns of the Filipino-Canadian community and the unique pressures that criminal charges place on newcomer families.

If you or a family member is facing assault charges and you are concerned about immigration consequences, call us at 1-855-522-5290 or book an appointment online. Early legal advice is critical. The decisions made in the first days after a charge can determine whether you keep your permanent resident status, your appeal rights, and your ability to sponsor family members.

Related Resources

Disclaimer: This article provides general legal information and is not legal advice. Every situation is different. Contact JCA Law Office at 1-855-522-5290 or book an appointment for advice specific to your circumstances. Last updated: March 2026.

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