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← Back to Law ExplorerLast verified: June 2026 · Source: laws-lois.justice.gc.ca
Assault & Violent OffencesIndictable
§268

Aggravated Assault

Aggravated assault

Assault
Maximum Sentence

14 years

Classification: Indictable
🍁 Immigration Impact

Straight indictable offence with a 14-year maximum. This is serious criminality under IRPA s.36(1). Deemed rehabilitation is not available for offences with maximum sentences of 10+ years where the equivalent Canadian offence is indictable only.

🍁 In Simple Terms

An assault that wounded, maimed, disfigured, or endangered someone's life. There is no lighter route for the Crown to pick, and the ceiling is 14 years. That is well past the 10 year line, so it counts as serious criminality and time alone will not clear it.

Legal Text, Criminal Code s. 268

(1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. (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. (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. (4) For the purposes of this section and section 265, 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) and (b).

Amendment History (2)
R.S., 1985, c. C-46, s. 268
1997, c. 16, s. 5
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