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Criminal Code

s. 268 Aggravated Assault

Aggravated assault

  • Assault & Violent Offences
  • Assault
Maximum sentence
14 years
Classification
Indictable

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 268
Verify on justice.gc.ca(opens in a new tab)
  • (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

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

The Crown must charge aggravated assault by indictment, and the top sentence is 14 years. A conviction is treated as serious criminality under IRPA s.36(1). Deemed rehabilitation is not available when the maximum is 10 years or more (IRPR r.18). The route is a record suspension for a conviction in Canada (s.36(3)(b)), or an application to be found rehabilitated for one outside Canada (s.36(3)(c)).

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Guides that explain this section