Criminal Code
Assault
Last verified: June 2026 · Source: laws-lois.justice.gc.ca
Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.
Immigration
Simple assault is hybrid. With a top sentence of 5 years, it falls under IRPA s.36(2) criminality (foreign nationals only), not s.36(1) serious criminality. A term of more than six months imposed in Canada would change that, under s.36(1)(a). For a matching conviction outside Canada, deemed rehabilitation may be available 10 years after the sentence ends. That means time alone can be enough, with no application. For a conviction in Canada, the route is a record suspension.
This is how the law sorts the offence, not a reading of any one record. An officer decides each case.